Personal Injury Statute of Limitations in Florida
Last verified 2026-07 · Source: Fla. Stat. § 95.11(3)(a) ✓ verified · 3 sources
The deadline
2 years
from Date of injury or, under the discovery rule, when claimant knew or should have known of the injury; applies to causes of action accruing on or after March 24, 2023, under Fla. Stat. § 95.11(3)(a).
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Under Fla. Stat. § 95.11(3)(a), you have 2 years from Date of injury or, under the discovery rule, when claimant knew or should have known of the injury; applies to causes of action accruing on or after March 24, 2023 to file a personal injury 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 |
|---|---|---|
| Personal Injury | 2 years | Fla. Stat. § 95.11(3)(a) |
| Car Accident | 2 yrs | Fla. Stat. § 95.11(5)(a) |
| Credit Card Debt | 5 yrs | Fla. Stat. § 95.11(2)(b) |
| Medical Malpractice | 2 yrs | Fla. Stat. § 95.11(5)(c) |
| Wrongful Death | 2 yrs | Fla. Stat. § 768.19; Fla. Stat. § 95.11(5)(e) |
| Dog Bite | 2 yrs | Fla. Stat. § 767.04 (strict liability); SOL: Fla. Stat. § 95.11(3)(a) (as amended effective March 24, 2023) |
| Slip and Fall | 2 yrs | Fla. Stat. § 95.11(3)(a) |
| Defamation | 2 yrs | Fla. Stat. § 95.11(5)(h) |
| Breach of Contract | 5 yrs | Fla. Stat. § 95.11(2)(b) |
| Medical Debt | 5 yrs | Fla. Stat. § 95.11(2)(b) |
When the Clock Starts
In Florida, the limitations period for personal injury lawsuits generally begins on Date of injury or, under the discovery rule, when claimant knew or should have known of the injury; applies to causes of action accruing on or after March 24, 2023. Florida recognizes a discovery rule for this claim type: Florida applies the discovery rule; the 2-year period may begin when the plaintiff knew or should have known of the injury and its cause. HB 837 (2023) reduced the general negligence SOL from 4 years to 2 years effective March 24, 2023; claims accruing before that date retain the 4-year period.
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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: Written notice of claim required within 3 years of the injury for claims against state/local government (Fla. Stat. § 768.28(6)(a))
- Damage caps: No cap on compensatory damages for general PI; prior noneconomic damage caps in medical malpractice context were struck down by Florida Supreme Court
HB 837 (2023) also changed Florida from pure comparative fault to modified comparative fault — plaintiff barred if 51% or more at fault (Fla. Stat. § 768.81). Both changes apply only to causes of action accruing on or after March 24, 2023.
Source: Fla. Stat. § 95.11(3)(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(3)(a) |
| Georgia | 2 yrs | O.C.G.A. § 9-3-33 |
| Alabama | 2 yrs | Ala. Code § 6-2-38(l) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Florida?
You have 2 years from Date of injury or, under the discovery rule, when claimant knew or should have known of the injury; applies to causes of action accruing on or after March 24, 2023, under Fla. Stat. § 95.11(3)(a).
Can I still sue after 2 years in Florida?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Florida?
Yes. Florida applies the discovery rule; the 2-year period may begin when the plaintiff knew or should have known of the injury and its cause. HB 837 (2023) reduced the general negligence SOL from 4 years to 2 years effective March 24, 2023; claims accruing before that date retain the 4-year period.
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?
Written notice of claim required within 3 years of the injury for claims against state/local government (Fla. Stat. § 768.28(6)(a))
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Sources
- Official Fla. Stat. § 95.11 — Limitations other than for the recovery of real property (Florida Senate)
- Corroborating Florida Personal Injury Laws and Statutes of Limitations (Nolo)
- Corroborating Fla. Stat. § 95.11 (Justia)
- 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.