Last reviewed: October 2026 by the InjuryLawResource Editorial Team. This guide is general information, not legal advice.
In Florida you generally have two years from the date of an injury to file a personal injury lawsuit. The rule is in section 95.11(5)(a) of the Florida Statutes and covers car accidents, falls, dog bites and most other negligence claims. Florida cut this deadline from four years to two in 2023, so older guides are often wrong. Claims against a government body follow a separate notice process, and car accident victims must see a doctor within 14 days to use their PIP coverage.
Florida injury deadlines at a glance
| Type of claim | Deadline | Statute |
|---|---|---|
| Personal injury (negligence) | 2 years from the injury (4 years if the claim arose on or before March 24, 2023) | Fla. Stat. § 95.11(5)(a) |
| Wrongful death | 2 years from the death | § 95.11(5)(e) |
| Medical malpractice | 2 years from the incident or its discovery, and no more than 4 years after the incident (7 if fraud or concealment hid it) | § 95.11(5)(c) |
| Claim against a government body | Written claim within 3 years (2 years for wrongful death), then a lawsuit within 4 years | § 768.28(6), (14) |
| PIP benefits after a car accident | First medical treatment within 14 days of the accident | § 627.736(1)(a) |
The 2023 change from four years to two
For decades Florida allowed four years to sue for negligence. House Bill 837, signed on March 24, 2023, moved negligence claims to the two-year list. The new deadline applies to claims that arose after that date. If you were hurt on or before March 24, 2023, the old four-year period generally applies, which means most of those claims have now expired or will expire by March 2027.
The change matters because a lot of information online still says four years. If you rely on an older article or on what a friend was told before 2023, you could miss the deadline by half.
When the clock starts and what pauses it
The two years normally start on the day you were injured. For a car crash, that is the day of the crash, even if you did not realize how badly you were hurt until later. Medical malpractice is different: the clock can start when the injury was discovered or should have been discovered.
Florida is stricter than most states about what can pause the clock. Section 95.051 lists the situations that count, and says nothing else does. The main ones for injury claims are:
- The person you are suing leaves Florida, uses a false name, or hides so they cannot be served.
- A child or incapacitated person has no parent or guardian to act for them, or the parent or guardian has an interest that conflicts with theirs.
- A person was legally declared incapacitated before the claim arose.
The point about children catches many families out. In most states the clock does not run until a child turns 18. In Florida, if the child has a parent who could bring the claim, the ordinary deadline generally runs from the injury. Do not wait for a child to grow up before getting advice.
Car accidents: the 14-day PIP rule
Florida is a no-fault state for car accident injuries. Every registered car must carry personal injury protection (PIP), which pays your own medical bills and lost income first, whoever caused the crash. Proposals to repeal PIP have been debated, but it remains the law in 2026.
- Coverage: up to $10,000, paying 80% of reasonable medical expenses and 60% of lost income, plus a $5,000 death benefit.
- The 14-day rule: PIP medical benefits are available only if you receive initial treatment within 14 days of the accident.
- Emergency medical condition: if a qualifying provider does not find an emergency medical condition, medical benefits are limited to $2,500.
To claim pain and suffering from the at-fault driver, Florida also requires a serious injury: a significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death (§ 627.737(2)). Medical bills and lost income above your PIP coverage can still be claimed without meeting that threshold.
Claims against the government
If a city, county, school board, state agency or other public body may be responsible, section 768.28 applies. Before you can sue, you must present a written claim to the agency within three years, or within two years for a wrongful death claim. For claims against the state and its agencies, the claim must also go to the Florida Department of Financial Services; claims against a city or county go to that city or county. The agency then has six months to respond (90 days for medical malpractice and wrongful death claims), and the lawsuit itself must generally be filed within four years.
Government liability is also capped at $200,000 per person and $300,000 per incident. Anything above that can only be paid if the Legislature passes a special claim bill. Lawmakers have debated raising these caps in recent sessions, but as of October 2026 the limits in the statute are unchanged.
Medical malpractice has extra steps
A medical malpractice claim must be filed within two years of the incident or of when it was, or should have been, discovered, and no later than four years after the incident. If the provider used fraud or concealment to hide the injury, the outer limit becomes seven years. A claim for a child injured before their eighth birthday can be brought until that birthday even if the four- or seven-year limit has passed.
Before suing, you must complete a presuit investigation, including a medical expert’s opinion, and send each provider a notice of intent (§ 766.106). No lawsuit can be filed for 90 days after the notice, and the deadline is paused during that time. These steps take months, which is why lawyers want to see malpractice cases long before the deadline.
Florida rules that affect what you can recover
- The 51% bar. Since 2023 Florida uses modified comparative fault. Your compensation is reduced by your share of the blame, and if you are found more than 50% at fault you recover nothing (§ 768.81(6)). Medical negligence cases are an exception and still use the older pure comparative fault rule.
- Slip and fall in a business. If you slipped on something spilled or dropped, you must prove the business knew about it or should have, for example because it was there long enough to be noticed or the problem happened regularly (§ 768.0755). See slip and fall: when can you sue?
- Dog bites. A dog owner is liable for bites in a public place or where the victim was lawfully on private property, even if the dog had never bitten anyone before. A clearly readable “Bad Dog” sign can be a defense, but not when the victim is under 6 or the owner was negligent (§ 767.04). See our dog bite guide.
What happens if you miss the deadline
The defendant will ask the court to dismiss the case, and the court almost always will. Insurers know this, so once the deadline passes they have no reason to pay. Negotiating with an adjuster or waiting on an offer does not pause the clock. Only filing the lawsuit, or one of the specific exceptions above, does.
To see how this state’s fault rule compares with the rest of the country, see comparative negligence rules in all 50 states.
Frequently asked questions
Is the deadline for a Florida car accident two years?
Yes, for accidents after March 24, 2023. A negligence lawsuit against the at-fault driver must generally be filed within two years. Your PIP claim has its own, much shorter, requirements, starting with treatment within 14 days.
Can I still recover if I was partly at fault?
Yes, as long as you were not more than 50% at fault. Your compensation is reduced by your percentage of fault. At 51% or more you recover nothing, except in medical negligence cases.
Does Florida pause the deadline until a child turns 18?
Generally not, if the child has a parent or guardian who could bring the claim. That is different from most states, so get advice soon after a child is injured rather than waiting.
I was hurt in Florida but live in another state. Which deadline applies?
Usually Florida’s, because the case would normally be filed where the injury happened. Compare deadlines in our 50-state table, or work out your date with the deadline calculator. When you are ready, see how to find a personal injury lawyer.
Sources
- Florida Statutes § 95.11 (limitations periods) and § 95.051 (tolling)
- Florida Statutes § 768.28 (claims against the state and local governments)
- Florida Statutes § 627.736 (PIP benefits) and § 627.737 (serious injury threshold)
- Florida Statutes § 768.81 (comparative fault), § 768.0755 (slip and fall) and § 767.04 (dog bites)
- Florida Statutes § 766.106 (medical negligence presuit notice)
All statutes were checked against the 2026 Florida Statutes in October 2026. Deadlines depend on the facts of each case. Confirm yours with a licensed Florida attorney.
