How Long Do You Have to File a Personal Injury Claim in Florida?

How Long Do You Have to File a Personal Injury Claim in Florida?

Most Florida personal injury claims must be filed within two years. For negligence claims accruing after March 24, 2023, §95.11(5)(a) sets a two-year limit, cut from four years under the old law. Other claims follow other clocks, and claims against the government start with a notice requirement.

The change in 2023 created confusion, and many websites still print the old four-year figure. A reader who trusts an outdated page might wait too long and lose a valid claim. This guide separates the deadlines by claim type, explains which date starts the clock, and shows the rules pausing or extending it.

At Louis Berk Law, we calendar every filing deadline on the first day of a case, and Attorney Louis Berk reviews the dates personally. We also tell callers when an old rule still applies, since an accident before the change keeps the longer period.

Florida Personal Injury Deadlines by Claim Type

The table below lists the main deadlines and the statute behind each one.

Treat the table as a map, not a calendar. Each row has conditions, and the facts of your case decide which row applies.

The March 24, 2023 Change: Which Deadline Applies to Your Accident?

The accident date decides. The two-year rule applies to negligence causes of action accruing after the law took effect on March 24, 2023, and the older four-year rule continues for claims accruing before this date. A crash on March 1, 2023 therefore carries a deadline of March 1, 2027, while a crash on April 1, 2023 carries a deadline of April 1, 2025.

The gap matters today. A person hurt in early 2023 still has time under the old rule, but not much, and the window is closing in the coming months. A person hurt later has two years, and this clock has already been running.

If you are unsure which date applies, treat the shorter period as your deadline until a lawyer confirms. Our guide to a personal injury claim explains the steps before a lawsuit.

When the Clock Starts: Accrual and the Limits of the Discovery Rule

The clock starts when the cause of action accrues, which under §95.031(1) means when the last element of the claim occurs. For a car accident or a fall, the last element is the injury, so the clock starts on the day of the accident.

Many people assume a general discovery rule gives extra time if the injury surfaces later. Florida courts say otherwise. In Davis v. Monahan, the Florida Supreme Court held delayed accrual applies only where the Legislature provides for it, such as fraud, products liability, professional malpractice, medical malpractice, and certain abuse claims.

For an ordinary negligence claim, a back injury discovered months after a crash does not delay the clock. This is the most common source of lost claims, and it is a strong reason to call early.

Minors, Incapacity, and Other Reasons the Clock Pauses

Florida limits the reasons for pausing a deadline. Under §95.051(2), no disability or other reason tolls a limitations period except the grounds listed in the statute, the Florida Probate Code, and the Florida Guardianship Law.

Claims for Children

A child injured in an accident does not receive an automatic extension until age eighteen. Under §95.051(1)(i), minority tolls the clock only while the child has no parent or guardian, or while a parent or guardian has an adverse interest or cannot act. Medical malpractice claims are excluded, and the tolling has a seven-year outer limit.

Parents normally bring the child's claim, so waiting is risky. A parent also has separate claims for the child's medical expenses, and those follow their own deadlines.

Other Grounds

The listed grounds include the defendant's absence from the state, the defendant's use of a false name, the defendant's concealment within the state so process cannot be served, an adjudicated incapacity existing before the claim accrued, the pendency of an arbitration over the same dispute, and the automatic stay in bankruptcy. Insurance negotiations, ongoing treatment, and a hope of settling are not on the list.

This means a conversation with an adjuster does not stop the clock. Only a filed lawsuit reliably protects your deadline.

Wrongful Death Claims: Two Years From the Date of Death

A wrongful death action must be filed within two years under §95.11(5)(e). The clock runs from the date of death, not from the date of the accident, so a victim who survives for months still triggers a two-year period measured from the death itself.

The claim belongs to the personal representative of the estate, so the family must open a probate estate before suit. Evidence fades quickly in these cases, and probate takes time. Our wrongful death team starts the estate process early.

Claims Against Government Agencies Follow a Different Clock

Injuries on public property, in a government vehicle, or at a public hospital require written notice before suit. Under §768.28, notice goes to the agency and the Department of Financial Services within three years, or two years for wrongful death. The agency then has six months to respond, and a lawsuit must follow within four years, except medical malpractice and wrongful death, which use the §95.11(5) periods.

The rules were in the news in 2026. The Legislature passed House Bill 145 to raise the damages caps and shorten the notice window, but Governor DeSantis vetoed the bill on June 30, 2026. The caps remain $200,000 per person and $300,000 per incident, and the notice rules above remain in effect.

We send the required notice quickly in government cases. A missed notice is a defect hard to repair, and the caps make accurate valuation important.

Deadlines for Common Accident Types

Most everyday injury claims follow the two-year negligence rule, but the facts around each accident type add practical deadlines. The paragraphs below show how the rules apply to the claims we see most often.

Car, Truck, and Motorcycle Accidents

Vehicle crashes are negligence claims, so the two-year rule applies for crashes after March 24, 2023. The shorter practical clocks come from PIP, which requires treatment within fourteen days, and from evidence held by trucking companies. Our truck accident team sends preservation letters early for this reason.

Slip and Fall and Premises Claims

A fall on private property is a negligence claim with a two-year limit. Video from stores and apartment complexes is often overwritten quickly, so the real deadline for evidence is much shorter. Our premises liability practice page explains the proof these cases need.

Dog Bites, Pedestrians, and Cyclists

A dog bite claim might rest on a statute or on negligence, and the deadline depends on the theory. A pedestrian or cyclist struck by a vehicle brings a negligence claim. For all of these, plan around two years and let a lawyer confirm whether a longer period applies.

Several Defendants Bring Several Deadlines

One accident sometimes involves a private driver, a government agency, and your own insurer. Each defendant carries its own clock. The driver has two years, the agency requires a three-year notice and a four-year suit period, and your insurer has five years under the contract.

Treat the shortest period as the controlling one. A missed notice to a government agency does not become less important because the claim against the driver is still open. We map every defendant on day one for this reason.

Check Your Own Deadline in Three Steps

Run a rough check before you call. A lawyer confirms the result, but the steps show where the facts matter.

• Write down the date of the accident or the date of death
• Identify the type of claim, such as negligence, product, or medical malpractice
• Identify the defendant, whether a private party, a government agency, or your insurer

Add the period from the table to the accident date, then subtract several months for preparation. The result is a working deadline. If any step is unclear, assume the shortest period until you receive advice.

Records to Gather Before You File

A strong complaint rests on documents, and gathering them takes weeks. Start early so the deadline does not rush the work.

Request the crash or incident report, every medical record and bill, and proof of lost income. Keep photographs, messages, and insurer letters in one folder. We collect missing records through the proper channels, and we organize them into a timeline before filing.

Product Liability, Intentional Torts, and Other Four-Year Claims

A defective product injury carries a four-year period under §95.11(3)(d), and the clock follows the discovery of the facts under §95.031(2)(b). The statute also sets a twelve-year repose period, measured from delivery to the first purchaser, with a ten-year useful life presumption for most products.

An assault, battery, or other intentional tort carries four years under §95.11(3)(n). Some abuse-based claims have longer windows, including seven years after the victim reaches majority under §95.11(8). Because these categories overlap with negligence, the same facts sometimes support claims with different deadlines.

Claims Against Your Own Insurance Company

A claim for benefits under your own policy is a contract claim, and written contracts carry five years under §95.11(2)(b). This covers disputes over uninsured motorist coverage and unpaid benefits. Accrual rules for these claims are technical, so we do not wait for the full period.

Shorter windows inside the policy matter more in practice. PIP benefits require initial treatment within fourteen days under §627.736, and policies include notice conditions. Our guide to uninsured motorist coverage explains how this claim works.

How Pre-Suit Steps Fit Inside the Deadline

Several claims require steps before a lawsuit, and each step uses part of the time. A PIP dispute requires a demand letter, and the insurer has thirty days to respond under §627.736(10). A government claim requires a written notice and a six-month response period. A medical malpractice claim requires a presuit investigation and a ninety-day review.

These waiting periods sometimes pause the clock, but not always, and the rules differ by claim. Plan as if no step pauses it. We schedule each step with a buffer so the filing date stays safe.

What if the Other Driver Lives Out of State?

An out-of-state driver does not receive extra time in most cases. The tolling ground for a defendant's absence from Florida does not apply when service of process is possible in a way giving the court jurisdiction. Florida's rules allow service on many nonresident drivers, so the two-year period keeps running.

Tourists cause many Central Florida crashes, and a driver might leave the state within days. We identify the driver, the insurer, and a service address early, since a delay in service creates problems under Rule 1.070(j).

Filing the Lawsuit Versus Serving the Defendant

Filing the complaint with the court starts the lawsuit, and the filing date is what meets the deadline. Service is a separate step. Under Rule 1.070(j), if the defendant is not served within 120 days after the complaint is filed, the court must act, and it might dismiss the case without prejudice.

A dismissal without prejudice allows a new filing only if the deadline has not passed. Filing at the last minute and then struggling to serve a defendant is a trap, so we file with room to spare. Our guide to a personal injury lawsuit walks through the stages after filing.

A Sample Timeline for a Car Accident Claim

Consider a crash on January 15, 2026. The two-year deadline is January 15, 2028. The working schedule is shorter, since the claim needs treatment, records, and negotiation before suit.

• By January 29, 2026: initial medical treatment for PIP benefits
• Within months: evidence preserved, treatment documented, coverage confirmed
• Well before January 2028: a demand, negotiation, and a decision to file

We aim to decide on suit with several months in hand. A claim filed with room to spare still settles later, while a claim filed late has no second chance.

Why Filing Early Matters Even With Time Left

A deadline is the last day to file, not a target. Evidence disappears, witnesses move, and medical records become harder to connect to the accident. Insurers also use delay to argue the injury came from something else.

Early action improves the record. Photographs, video, vehicle data, and treatment notes are strongest when collected soon after the event. Our lawsuit guide and our settlement guide explain how this evidence shapes the outcome.

What Happens if You Miss the Deadline

A claim filed after the deadline is barred. The defendant raises the statute of limitations as a defense, and the court dismisses the case without reaching the merits, no matter how strong the facts are. The exceptions are narrow and depend on the tolling grounds listed above.

An insurer might still talk after the deadline, but it has no reason to pay. Once the time runs out, the claim loses its leverage.

Three Mistakes Costing People Their Claims

Three errors cost the most claims.

• Relying on an old four-year figure found online
• Assuming insurer negotiations extend the deadline
• Waiting for symptoms to settle before calling a lawyer

The first error comes from outdated pages. The second ignores §95.051, which lists the only grounds for pausing a deadline. The third wastes months, since a later discovery of an injury does not restart the clock for ordinary negligence.

What to Do if You Are Close to a Deadline

Call a lawyer today and bring the accident date, the names of the parties, and your medical records. A lawyer confirms the correct deadline, checks for tolling grounds, and files if time is short. Many cases are filed within days of the first call.

Do not wait to finish treatment or to receive an offer. A complaint filed on time preserves the claim while treatment continues and negotiations proceed. Our car accident lawsuit and slip and fall lawsuit guides describe what follows filing.

Questions to Ask a Lawyer About Your Deadline

A good lawyer answers deadline questions clearly and in writing. Ask three questions at the first meeting.

• Which deadline applies to the claim, and how was it calculated?
• Who else needs written notice, and by what date?
• When will the lawsuit be filed if negotiations are still open?

The answers show whether the firm manages deadlines with care. A vague answer is a warning sign, since deadline errors are among the few mistakes a court never forgives.

How Louis Berk Law Tracks Your Deadline

We calendar the deadline when a case opens, check it against the accident date and the claim type, and confirm it with Attorney Louis Berk. We then work backward, setting dates for evidence, demand, negotiation, and filing, so the deadline never becomes an emergency.

We take injury cases on a contingency fee, which means no fee unless we win. Review our case results to see how we have handled serious claims, and learn more about our car accident and premises liability practices.

Our bilingual team, including our Spanish-speaking attorney services, represents Central Florida's Spanish-speaking families as well. To confirm your deadline, contact our team for a free consultation.

Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Every case is different, and deadlines depend on the specific facts. For advice about your situation, contact a licensed Florida attorney as soon as possible. Prior results do not guarantee a similar outcome.