Schedule a Consultation
Florida Personal Injury

Florida's Personal Injury Deadline: The 2-Year Statute of Limitations

Quick Answer

For most Florida negligence injuries occurring on or after March 24, 2023, you have two years to file a lawsuit (it was four years before). Miss the deadline and your claim is almost always lost — so act early.

By Arthur Simpson, Esq. · FL Bar #529265 Florida Estate Planning Attorney June 22, 2026

The Two-Year Rule

A statute of limitations is the legal deadline to file a lawsuit. In 2023, Florida's tort-reform law (HB 837) cut the deadline for most negligence claims from four years to two years, codified in F.S. § 95.11. The two-year period generally applies to causes of action that accrued on or after March 24, 2023. Injuries before that date may still be governed by the older four-year rule.

The clock usually starts on the date of the injury. Once it runs out, the court will almost always dismiss the case no matter how strong it is.

Different Claims, Different Deadlines

Not every claim uses the same clock:

Exceptions That Can Change the Clock

The deadline is not always obvious. Certain situations pause ("toll") or shift the start date — for example, injuries to minors, a defendant who leaves the state, or injuries that could not reasonably be discovered right away. These exceptions are fact-specific and easy to get wrong.

Because the rules changed recently and the exceptions are technical, the safest course is to assume the shortest deadline applies and have an attorney confirm your exact date.

Why Waiting Hurts Your Case

Even well before the deadline, delay damages a claim: evidence disappears, vehicles get repaired, witnesses forget, and medical "gaps" give insurers an argument. Filing on time is the floor — building the case early is what gives it strength.

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Florida?
For most negligence claims arising on or after March 24, 2023, the deadline is two years from the injury under F.S. § 95.11. Claims that arose earlier may have a four-year deadline. Confirm your specific date with an attorney.
Did Florida really change the deadline from four years to two?
Yes. The 2023 tort-reform law (HB 837) shortened the limitations period for most negligence actions from four years to two years going forward.
What happens if I miss the statute of limitations?
The defendant can ask the court to dismiss your case, and courts almost always grant it — regardless of how serious your injury is. The deadline is one of the most strictly enforced rules in injury law.
Are there exceptions to the deadline?
Yes — for minors, undiscoverable injuries, defendants who leave the state, and certain other situations the clock may pause or start later. These are technical; an attorney should confirm your deadline rather than relying on a general rule.

The Truestead Takeaway

Florida's injury deadline is now short and strictly enforced. If you were hurt by someone else's negligence, do not wait — even months of delay can weaken a claim, and missing the two-year deadline usually ends it. A quick consultation will pin down your exact date.

Sources

Talk to a Florida Attorney

Every family’s situation is different. Schedule a consultation with Arthur Simpson, Esq. to review your plan and your options under Florida law.

Schedule a Consultation →

This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. Florida estate, elder, probate, and real estate law are fact-specific and change over time. Consult a licensed Florida attorney about your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.