Florida Statute of Limitations for Injury Cases

General negligence: two years

On March 24, 2023, Florida's tort-reform law (HB 837) shortened the statute of limitations for most negligence claims — including car, motorcycle, truck, and slip-and-fall — from four years to two years from the date of the accident. This applies to any injury that occurs on or after that date.

If the injury happened before March 24, 2023, the old four-year deadline still applies. Everyone else gets two years — full stop.

Medical malpractice

Medical malpractice has its own regime under §95.11(4)(b):

• Two years from the incident, or from when it was discovered (or should have been discovered) with due diligence;
• A four-year statute of repose — no claim after four years, even if undiscovered;
• Extended to seven years if fraud or concealment prevented discovery;
• Special extensions for injured minors under 8 years old.

Wrongful death

Under §95.11(4)(d), a wrongful death lawsuit must be filed within two years of the date of death — not the date of the underlying accident. Only the personal representative of the estate can file.

Claims against a Florida government entity

Suing the state, a county, a city, or a public hospital in Florida is different. Under §768.28:

• You must first give written notice to the agency and the Florida Department of Financial Services;
• The agency has 180 days (90 days for the DFS) to investigate before you can sue;
• Total damages are capped at $200,000 per person / $300,000 per incident, unless the Legislature passes a claim bill;
• You have three years from the incident to file the notice — but do not wait.

Product liability

Injuries caused by a defective product are governed by §95.11(3): two years from the injury, with a 12-year statute of repose from delivery to the first purchaser for most products.

Tolling and exceptions

The clock can pause ("toll") in narrow circumstances — for example, when the injured person is a minor, is legally incapacitated, or when the defendant hides in another state. These exceptions are technical and rarely as generous as they sound. Never rely on tolling without a lawyer confirming it applies.

Practical rule: calculate the deadline from the day of the accident and mark it two years earlier on your calendar. Filing right at the limit is risky because service rules, holidays, and courthouse closures can all consume days you can't get back.