On March 24, 2023, Florida cut the time an injured person has to file a negligence lawsuit from four years to two. Most people who were hurt in a crash, a fall or an assault since then have never heard of the change, and insurers rely on that. This is what the deadline is, what it is not, and the handful of situations where it runs differently.
The rule
Section 95.11 of the Florida Statutes now gives two years from the date of injury to file a lawsuit for negligence: car, truck, motorcycle, pedestrian and bicycle crashes, slip and fall injuries, negligent security, and most other injury claims. The two-year period applies to causes of action that accrued on or after March 24, 2023, the date House Bill 837 took effect; an injury before that date keeps the four-year period it had. Wrongful death claims were already two years from the date of death and remain so. Medical malpractice has its own two-year rule measured from when the injury was or should have been discovered, with an outer limit of four years.
What the deadline does not mean
Two years is the deadline to file a lawsuit, not to make a claim. The insurance claim starts the week of the crash: your own PIP coverage (which has its own 14-day treatment rule), the at-fault driver’s liability insurer, and your uninsured motorist coverage if the other driver has none. Most claims settle without a lawsuit. But an insurer that has not paid fairly by the second anniversary has no reason to, because once the deadline passes the claim is worth nothing. Adjusters know the date; some slow the file down as it approaches. A filed complaint is the only thing that stops the clock, and it has to be filed in the right court against the right defendants with service completed in time.
Where it runs differently
Government defendants. If the other driver was a county employee, a city bus, a school bus, a sheriff’s cruiser or a state vehicle, or the hazard was on government property, the claim runs under section 768.28. Written notice goes to the agency (and to the Department of Financial Services for most claims) before suit, the agency gets six months to investigate, and the statute carries its own filing deadline and damage caps. These claims are the ones most often lost to timing, because the notice step comes first and the deadlines are not the same as the general rule.
Uninsured motorist claims. A claim under your own UM coverage is a contract claim with your insurer, with its own limitations period and policy conditions, but the facts and evidence are the same as the claim against the driver, and the two-year lawsuit deadline against the driver still governs that half of the case.
Minors and tolling. A child’s claim has its own rules, and a settlement above a set amount needs court approval. The clock can also pause while a defendant evades service or leaves the state. None of this is a reason to wait; each is an exception a lawyer proves after the fact.
Why the deadline matters long before it arrives
The lawsuit deadline is two years, but the evidence deadline is weeks. Business and intersection cameras overwrite in days; a trucking company’s electronic logs and engine data are preserved only if a letter demands it; the police department’s body-camera footage and 911 audio have retention periods; and witnesses move. A case filed on the last day with no preserved evidence is a weak case. The claims that settle well are the ones where the evidence was secured in the first week and the insurer knew from the start that a trial-ready file was coming.
What to do
If you were injured in Florida in the last two years, count from the date of the injury, not from the end of treatment or the last conversation with the adjuster. If the second anniversary is within six months, or if a government vehicle or property was involved at all, talk to a lawyer now. Contact Kemp Law Group or call (727) 847-4878; we answer 24/7, in English and Spanish, and you pay no fees and no costs unless we win. Our pages on Florida car accidents, Tampa car accident lawyer and New Port Richey car accident lawyer explain what the first weeks of a claim look like.
Frequently asked questions
Is the Florida statute of limitations for a car accident two years or four?
Two years for crashes on or after March 24, 2023. Florida’s 2023 reform cut the deadline for negligence lawsuits from four years to two, measured from the date of the crash. A crash before that date keeps the old four-year period.
Does the two-year deadline apply to my insurance claim or only to a lawsuit?
To the lawsuit. You can open a claim with an insurer the day after the crash, and most claims settle without suit, but if the insurer has not paid fairly by the deadline, the only thing that preserves the claim is a filed complaint. Insurers know the date and slow down as it approaches.
What if the other driver was working for a government agency?
Claims against a city, county, school district, transit agency or the state run on their own rules under section 768.28: written notice to the agency and the Department of Financial Services first, then a six-month investigation period before suit, with the statute’s own filing deadline and damage limits. Do not assume the two-year rule gives you the whole picture; call early.
Is wrongful death also two years?
Yes. A wrongful death claim must be filed within two years of the death, and that was true before the 2023 change. Claims involving a government defendant follow section 768.28.
Can the deadline be extended?
Rarely. The clock can pause while a defendant hides from service or leaves the state, and a minor’s claim has its own rules, but there is no general extension for being in treatment, negotiating with the insurer, or not knowing the deadline. Treat two years as fixed.
What happens if I miss it?
The defendant raises the statute of limitations and the case is dismissed, regardless of how strong it was. The insurer’s open claim file does not save it. If you are anywhere near the second anniversary of a crash and have not filed suit, call a lawyer this week.
This article is general information about Florida law and is not legal advice about any particular case. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Past results do not guarantee future outcomes.
