Florida Personal Injury Statute of Limitations: What the Two-Year Filing Rule Means for Your Claim

Florida’s Two-Year Filing Deadline Under Statute § 95.11(5)(a)

The Florida personal injury statute of limitations requires most negligence lawsuits to be filed within two years after the claim accrues. Florida Statute § 95.11(5)(a) provides the governing deadline for claims that accrued on or after March 24, 2023.

This two-year filing deadline commonly applies to cases involving:

  • Car, truck, motorcycle, and rideshare crashes
  • Pedestrian and bicycle injuries
  • Slip and fall accidents
  • Negligent security
  • Many dog bite and premises liability claims

A person injured in a crash on March 10, 2025, for example, would generally need to file a negligence lawsuit by March 10, 2027. An insurance claim or settlement discussion does not count as filing a lawsuit. The plaintiff must file the proper complaint in court before the applicable period expires.

The Florida personal injury statute of limitations sets an outside legal deadline, not a recommended waiting period. Evidence can disappear much sooner. Video may be erased, vehicles may be repaired, and witnesses may forget important details. We hence start by confirming the incident date, identifying every potential defendant, and checking whether a special deadline controls the claim.

How House Bill 837 Changed the Deadline in 2023

House Bill 837 reduced Florida’s limitations period for negligence actions from four years to two years. Governor Ron DeSantis signed the legislation on March 24, 2023, and the change took effect that day.

The effective date matters. Under the text of House Bill 837, the new two-year period applies to causes of action that accrued on or after March 24, 2023. A negligence claim that accrued before that date generally remains subject to the prior four-year period.

Consider two similar crashes. A collision on March 23, 2023, may carry the former four-year deadline. A collision one day later will generally carry the new two-year deadline. That one-day difference can affect whether a lawsuit remains valid.

House Bill 837, also called the 2023 tort reform law, changed more than the Florida personal injury statute of limitations. It also changed Florida’s comparative negligence system and several rules that affect evidence and damages. Because the law’s provisions can work together, we review both the filing date and the broader effect of HB 837 when evaluating a claim.

When the Clock Starts: Accrual Date and Date of Injury

For most negligence claims, the clock starts when the injury occurs. In a standard traffic collision, the accrual date is usually the accident date, not the date treatment ends, an insurer denies payment, or the injured person hires an attorney.

Suppose another driver hits a vehicle near State Road 54 in Trinity. The injured driver later learns through an MRI that the crash caused a disc injury. The Florida personal injury statute of limitations will usually run from the collision date, even if the full diagnosis came later.

Florida recognizes delayed accrual or discovery rules in limited types of cases. Courts do not apply a general discovery rule to every negligence claim. An injury that becomes more painful over time does not automatically reset the two-year filing deadline.

We confirm the accrual date by reviewing the crash report, medical records, incident reports, photographs, and witness accounts. We also look for separate acts that may support distinct claims. This review matters because assumptions about the date of injury can cause a plaintiff to calculate the wrong deadline. Anyone with uncertain dates should obtain a legal review rather than rely on an insurer’s timeline.

Different Deadlines for Medical Malpractice, Wrongful Death, Government, and Intentional-Tort Claims

The Florida personal injury statute of limitations does not create one deadline for every injury claim. Florida law assigns specific time limits and presuit duties to several case types.

Medical malpractice: A claimant generally has two years from discovering the injury, or from when the injury should have been discovered with reasonable care. A four-year statute of repose usually creates an outside limit. Fraud, concealment, or intentional misrepresentation can extend that repose period to seven years. Medical negligence claims also require a statutory presuit investigation and notice.

Wrongful death: Florida Statute § 95.11 generally allows two years from the date of death. The accident date and death date may differ, so families must calculate the period correctly.

Government claims: Claims against Florida, a county, or a city can require written notice under Florida Statute § 768.28. Negligence claims generally require notice within three years and filing within four years, but wrongful death notice generally must occur within two years. Other rules may apply to federal or local entities.

Intentional torts: Assault, battery, false imprisonment, and defamation may follow different statutory periods. The exact cause of action controls, so these claims require individual review.

Exceptions and Tolling Rules That May Extend the Filing Period

Florida allows tolling only under specific conditions. Tolling pauses or delays the limitations period, but it does not apply simply because a person did not know the law, continued medical treatment, or negotiated with an insurance company.

Florida Statute § 95.051 lists recognized grounds. Depending on the claim, they may include:

  • The defendant’s absence from Florida when service cannot be made
  • Use of a false name that prevents service of process
  • Concealment that prevents discovery of the defendant’s identity
  • The injured person’s adjudicated incapacity before the claim accrues
  • Minority or incapacity under limited statutory conditions
  • A court-ordered stay, arbitration, or certain presuit proceedings

These exceptions include restrictions. For example, a defendant’s travel outside Florida may not toll the period if the defendant remains subject to service. Minority also does not create an unlimited extension, and special statutes can override general tolling rules.

The Florida personal injury statute of limitations can also interact with medical malpractice extensions, bankruptcy stays, and presuit notice requirements. We do not assume an exception applies without supporting facts and law. At Kemp Law, we calculate the earliest plausible deadline and work from that date. This approach reduces the risk created by disputed tolling arguments.

What Happens If You Miss the Deadline—and Why Acting Early Matters

A court will usually dismiss a lawsuit filed after the applicable deadline. The injured person may then lose the right to seek payment for medical costs, lost income, pain, disability, and other damages, regardless of the claim’s strength.

An insurer’s open file does not pause the Florida personal injury statute of limitations. Verbal settlement promises do not protect the deadline either. A claimant can spend months exchanging records and offers, only to lose the right to sue if the statutory period expires.

Early action also protects proof. In cases we handle, useful evidence often includes intersection video, store surveillance, vehicle data, electronic driving logs, photographs, maintenance records, and witness statements. Some businesses erase video within days or weeks. Prompt preservation letters can prevent that loss.
Kemp Law has served injured clients since 2008 and has handled more than 20,000 cases. Our attorneys investigate crashes, falls, negligent security incidents, wrongful deaths, and insurance disputes. Clients work directly with advocates who understand local roads and courts, from the Trinity office area near Mitchell Ranch Plaza to communities across Tampa Bay.

We offer free consultations and handle qualifying injury claims on a no-fee-unless-we-win basis. A prompt case review can identify the accrual date, confirm whether House Bill 837 applies, and preserve the right to file before Florida’s deadline expires.