Car Accident Statute of Limitations in Florida
Last verified 2026-07 · Source: Fla. Stat. § 95.11(4)(a)
The deadline
2 years
from the date of the accident, under Fla. Stat. § 95.11(4)(a).
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Under Fla. Stat. § 95.11(4)(a), you have 2 years from the date of the accident to file a car accident lawsuit in Florida. Miss it and you lose the right to sue — but several Florida-specific exceptions can extend (or shorten) that window, detailed below.
Florida Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 2 years | Fla. Stat. § 95.11(4)(a) |
When the Clock Starts
In Florida, the limitations period for car accident lawsuits generally begins on the date of the accident. Florida does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Suits against Florida government entities require pre-suit notice under Fla. Stat. § 768.28(6).
Reduced from 4 to 2 years by HB 837 for negligence causes of action accruing after March 24, 2023.
Source: Fla. Stat. § 95.11(4)(a), official Florida statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Florida government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Florida Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Florida | 2 years | Fla. Stat. § 95.11(4)(a) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Florida?
You have 2 years from the date of the accident, under Fla. Stat. § 95.11(4)(a).
Can I still sue after 2 years in Florida?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Florida generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Suits against Florida government entities require pre-suit notice under Fla. Stat. § 768.28(6).
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Sources
- Official Fla. Stat. § 95.11(4)(a) — official Florida statute
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Florida attorney.