The Basic Rule: Two Years for Most Personal Injury Claims

The statute of limitations for personal injury claims in Florida is two years from the date of the injury, governed by Florida Statute Section 95.11(5)(a), as amended by House Bill 837, the sweeping tort reform law signed by Governor DeSantis on March 24, 2023. Before this law took effect, Florida gave injury victims four years to file. HB 837 cut that deadline in half.

The two-year clock starts on the date of the accident, not the date you finished treatment, not the date your insurance claim was resolved, and not the date you first consulted an attorney. In most cases, the filing deadline is exactly two years from the day the incident occurred. If you do not file a lawsuit within this window, the court will almost certainly dismiss your case.

This two-year deadline applies to the most common types of personal injury cases in Florida, including car accidents, truck accidents, motorcycle accidents, slip and falls, and other negligence-based claims.

Which Deadline Applies to Your Case?

The deadline that applies to your claim depends on when your injury occurred. If your accident occurred before March 24, 2023, the four-year statute of limitations applies. If your accident occurred on or after March 24, 2023, the two-year statute of limitations applies. The law is not retroactive.

If you are unsure which deadline governs your case, consult an attorney immediately. Guessing wrong could cost you the right to compensation entirely.

Different Deadlines for Different Types of Claims

While two years is the general rule for negligence-based personal injury claims, some case types have their own specific deadlines.

Medical malpractice: Medical malpractice claims must be filed within two years of when the patient knew or should have known about the injury, with an absolute outside limit of four years from the date of the incident. There is also a 90-day pre-suit notice requirement that must be completed before filing, and the statute of limitations is paused during this pre-suit investigation period.

Wrongful death: Wrongful death claims carry a two-year statute of limitations running from the date of death, not the date of the incident that caused the death. This deadline was already two years before HB 837 and did not change.

Product liability: Product liability claims based on strict liability or intentional torts may carry a four-year statute of limitations. Florida also has a statute of repose that bars product liability claims filed more than 12 years after the product was first purchased.

Claims against government entities: Injuries involving government entities, such as city buses, public property, or government employees, have special requirements. You must provide written notice to the government agency within three years, and in some cases within as few as six months. After providing notice, you typically must wait 180 days before filing a lawsuit.

Are There Any Exceptions That Can Extend the Deadline?

Florida law recognizes a narrow set of circumstances where the filing deadline may be paused or extended, known as “tolling.” When the injured party is under the age of eight at the time of the incident, the statute of limitations does not begin to run until the child’s eighth birthday. If the defendant leaves Florida after the injury but before a lawsuit can be filed, the time they spend outside the state may not count toward the limitations period.

For most adult injury victims, however, these exceptions do not apply. Unlike some other states, Florida does not have a general discovery rule for most negligence cases. Some states pause the clock until you discover your injury, but Florida generally does not do this. The clock starts on the date of the incident, and it keeps running.

Why Two Years Goes Faster Than You Think

Two years may sound like plenty of time, but it is not. After a serious accident, you are likely dealing with medical treatment, insurance adjusters, missed work, and significant stress. Time passes quickly, and many people do not think about filing a lawsuit until they realize their insurance settlement is not covering their actual losses.

Insurance companies know this, and some delay claims on purpose, hoping the deadline runs out. By the time you realize you may need to file suit, you may have less than a year left on your deadline.

Building a strong personal injury case also takes time. Evidence must be preserved, witnesses must be identified and interviewed, medical records must be gathered, and experts may need to be retained. The sooner you involve an attorney, the better positioned you are to build a complete and compelling case.

Do Not Wait to Speak With an Attorney

Florida’s two-year deadline for personal injury claims is strict and unforgiving. If you have been injured in an accident in Jacksonville or anywhere in Northeast Florida, the time to act is now.

The personal injury team at Harris Guidi Rosner, P.A. offers free consultations and handles injury cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. We will evaluate your case, explain the deadlines that apply to your situation, and make sure your rights are protected from day one.

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