Florida imposes strict deadlines on personal injury lawsuits, and missing the applicable deadline can prevent an injured person from recovering compensation. Under Florida Statutes section 95.11, most personal injury claims involving injuries that occurred on or after March 24, 2023, must generally be filed within two years of the date of the injury. That deadline was reduced from four years by Florida’s 2023 tort reform legislation. Lee and Collier Counties in Southwest Florida see substantial crash activity each year, making the filing deadline an important issue for many injury claims.
This article explains Florida’s personal injury statute of limitations, when the two year period applies, and the circumstances that can change the deadline.
The General Two Year Deadline
Florida Statutes section 95.11 generally gives an injured person two years to file a personal injury lawsuit for claims arising on or after March 24, 2023. This includes many car accident, slip and fall, and negligence cases.
The clock generally starts on the date the injury occurs. It does not usually begin when medical treatment ends or when an insurance claim is submitted. That distinction matters because settlement negotiations can continue for months without stopping the statute of limitations.
Preserving medical records, photographs, witness information, and other evidence early can make it easier to determine whether a claim is still within the applicable filing period.
Why Florida Changed the Deadline in 2023
Florida previously gave most personal injury plaintiffs four years to file suit. House Bill 837, which took effect March 24, 2023, shortened the limitations period for negligence claims to two years for injuries occurring on or after that date.
That change created an important dividing line between older and newer claims. The date of the injury can therefore affect which deadline applies.
For people trying to determine whether a claim remains viable, Shapiro Legal Group’s Florida personal injury attorneys provide a relevant example of a Southwest Florida practice with a documented history of handling injury claims. The firm’s published materials describe investigating accident cases, documenting injuries, and evaluating the evidence needed to pursue compensation. That kind of documentation becomes particularly important when calculating the filing deadline, because medical records, accident reports, and other dated evidence can help establish when the injury occurred and whether an exception to the standard limitations period may apply.
The Discovery Rule Exception
Not every injury becomes apparent immediately. Internal injuries, certain medical conditions, and other forms of harm may not be reasonably discoverable on the day an underlying event occurs.
Florida’s discovery rule can affect when the limitations period begins in specific circumstances. Whether it applies depends on the nature of the claim and when the injured person knew, or reasonably should have known, about the injury.
Medical records can become especially important here. The date of diagnosis, symptoms reported during treatment, and notes describing when the condition was discovered may help establish the timeline.
Extended Deadlines for Minors
Florida provides special rules for claims involving children. The limitations period can operate differently when the injured person is a minor, depending on the type of claim and the circumstances surrounding the injury.
Parents should not assume that a child’s claim automatically follows the same deadline as an adult’s claim. Birth injuries, childhood accidents, and other claims involving minors can involve additional procedural issues that make early legal review important.
Claims Against Government Entities
Claims involving Florida government agencies or employees can follow different rules from ordinary personal injury cases.
Florida Statutes section 768.28 includes presuit notice requirements for claims against government entities. These requirements operate alongside the applicable statute of limitations and can create additional deadlines that must be satisfied before a lawsuit can proceed.
A collision involving a government vehicle or an injury occurring on government property therefore deserves prompt attention. Waiting for the ordinary two year deadline can be risky when separate notice requirements apply.
Wrongful Death Claims Follow a Different Timeline
Florida wrongful death claims generally must be filed within two years of the person’s death under Florida Statutes sections 768.16 through 768.26.
The date of death can therefore become important when someone survives an accident or other injury for a period of time before passing away. The applicable deadline should be calculated from the specific facts rather than assumed from the date of the original incident.
What Happens If the Deadline Passes
Once the applicable statute of limitations expires, a court can dismiss the lawsuit even when liability appears clear and the injuries are serious.
Insurance negotiations do not normally stop the statutory clock. An injured person can spend months discussing a settlement with an insurer and still lose the ability to sue if the filing deadline expires during those negotiations.
That is why preserving the claim requires more than simply opening an insurance file. The accident date, medical timeline, applicable statutory period, and any exceptions should be documented early enough to leave time for legal action if negotiations fail.
Why Evidence Matters Before the Deadline
A filing deadline is only one part of preparing a Florida injury claim. Evidence can disappear long before two years have passed. Vehicles may be repaired, surveillance footage may be overwritten, witnesses may become difficult to locate, and memories can become less precise.
Keeping the police report, medical records, photographs, bills, wage documentation, and communications with insurers creates a chronological record that can help establish both the injury and the circumstances surrounding it.
For more complicated claims, documenting when symptoms first appeared or when an injury was diagnosed can also become important if an exception to the ordinary deadline is being considered.
What Florida Residents Should Understand
For injuries occurring on or after March 24, 2023, Florida generally provides two years to file most personal injury lawsuits. Older claims may fall under the previous four year period, while minors, certain undiscovered injuries, wrongful death cases, and claims against government entities can involve different rules.
The safest approach is to identify the applicable deadline early, preserve supporting records, and avoid assuming that an ongoing insurance negotiation extends the time available to file suit. A statute of limitations can determine whether a potentially valid injury claim can be pursued at all.
