How Long Do You Have to File a Personal Injury Lawsuit in Florida?
In most cases, you have two years from the date of your injury to file a personal injury lawsuit in Florida. State law sets this deadline for accidents that happened on or after March 24, 2023. The clock is strict, and missing it can end your right to recover compensation.
The Florida personal injury statute of limitations is the legal deadline for filing a lawsuit after an accident. For most injury cases in Florida, that deadline is now two years. If you wait too long, the court can refuse to hear your case, no matter how strong it is.
This rule changed in 2023, yet many injured people in Gainesville, Ocala, and Daytona still believe they have four years. At Bagen Law Accident Injury Lawyers, P.A., we want you to understand where the law stands today so you can protect your claim. Below, we explain the current deadline, when the clock starts, and the exceptions that can change it.
Key Takeaways about the Statute of Limitations for a Personal Injury Lawsuit in Florida
- Florida law gives most personal injury victims two years from the date of injury to file a lawsuit.
- House Bill 837, effective March 24, 2023, reduced the general negligence deadline from four years to two years.
- Wrongful death claims must be filed within two years of the date of death.
- Claims against government entities carry separate, shorter notice requirements before a lawsuit can be filed.
- Certain situations, such as injuries to minors, can pause or extend the filing deadline.
- Once the deadline passes, Florida courts will usually dismiss the case permanently.
How Long Do I Have to File a Personal Injury Claim in Florida?
You have two years from the date of your injury to file most personal injury lawsuits in Florida. This deadline comes from Florida Statute Section 95.11(5)(a), which sets the time limits for civil lawsuits in the state.
The two-year period covers the majority of accident cases we handle across North Central Florida. It applies to most claims where someone else’s carelessness caused harm.
The two-year deadline applies to most negligence-based claims, such as:
- Car, truck, and motorcycle accidents
- Bicycle and pedestrian accidents
- Slip, trip, and fall injuries
- Brain injuries and other serious harm
These cases share the same core deadline, so acting early keeps your options open no matter the type of accident.
What Changed Under Florida’s 2023 Tort Reform Law?
Florida cut the personal injury filing deadline from four years to two years in 2023. That change came from House Bill 837, a broad tort reform law signed on March 24, 2023.
For decades, injured Floridians had four years to file a negligence lawsuit. The new law reduced that window by half for any injury that happens on or after the effective date.
The shorter timeline leaves far less room to gather evidence, complete medical treatment, and negotiate with insurers before filing. Serious injuries can take many months to fully diagnose, so two years can pass quickly once treatment and insurance talks are under way.
The older four-year deadline still applies only to accidents that occurred before March 24, 2023. For nearly every accident happening now, the Florida personal injury statute of limitations is two years. When you are unsure which version of the law controls your claim, the date of your accident is the first detail we check.
When Does the Two-Year Clock Start?
The two-year clock usually starts on the date of your injury, which is normally the date of the accident. It does not wait until you finish medical treatment, learn the full extent of your injuries, or settle your insurance claim.
For example, if a crash injures you near the intersection of Archer Road and 34th Street on June 1, 2025, your lawsuit deadline is generally June 1, 2027. The date of the wreck starts the countdown, not the date you decide to take action.
A narrow “discovery rule” can apply when an injury could not reasonably be known right away. These situations are limited, so you should never assume the clock started late without confirming it with a lawyer.
Deadlines for Different Types of Injury Claims
Not every claim follows the same two-year rule, so the type of case matters. Below are the deadlines that most often affect the people we represent.
Car, truck, and motorcycle accidents
These claims run two years from the date of the crash. They make up the largest group of injury cases we see across Gainesville, Ocala, and Daytona.
Truck cases can involve extra parties, such as trucking companies and their insurers, and the evidence they hold can disappear on its own schedule. The two-year deadline stays the same, but the work needed to build the case often starts long before then.
Wrongful death claims
Wrongful death claims must be filed within two years, but the clock starts on the date your loved one passed away. That date may differ from the date of the accident when someone survives for a time before their injuries prove fatal.
Product liability claims
Many defective product cases carry a four-year deadline, along with a separate outer limit called a statute of repose under Florida Statute Section 95.031. A statute of repose can end a claim after a set number of years, even if the two-year clock has not run out.
Because these deadlines vary so much, confirming which rule applies to your specific case is one of the first things we do.
Are There Exceptions That Can Extend the Deadline?
Yes, certain situations can pause or extend the Florida personal injury statute of limitations. Florida law calls this “tolling,” which means the clock stops running for a period of time.
Common tolling situations include:
- Injuries to minors, where the deadline may be paused, sometimes until the child turns 18, under Florida Statute Section 95.051
- A defendant who leaves the state or hides to avoid being served with a lawsuit
- Fraudulent concealment of the injury or its cause
- Certain cases involving a person who is legally incapacitated
These exceptions are limited and fact-specific, so it is risky to rely on one without confirming that it truly applies to your situation.
Keep in mind that tolling is the exception, not the rule, and the injured person usually carries the burden of proving that it applies. Insurance defense lawyers often challenge these arguments, so it is wise to treat the standard two-year deadline as your goal and lean on an exception only when a lawyer confirms one exists.
Claims Against Government Entities Have Extra Rules
If a city, county, or state agency caused your injury, you must follow additional steps before you can sue. Florida Statute Section 768.28 requires written notice of your claim to the correct government agency first.
Under that law, the government generally has 180 days to review the claim before a lawsuit can move forward. These notice steps run alongside the filing deadline, not instead of it.
A crash caused by a public bus, a poorly maintained road, or a government vehicle can trigger these rules. Because the process is detailed and easy to miss, we recommend getting help early when a government defendant may be involved.
Florida’s sovereign immunity law also limits how much money you can recover from a government agency in many cases. That makes careful, early handling of these claims even more important for your family.
The Shorter Deadline Puts Pressure on Your Evidence
A two-year deadline is not only about paperwork; it also affects the proof behind your claim. Much of the evidence that decides an injury case can fade or vanish long before the filing deadline arrives.
Witnesses move away and their memories blur. Damaged vehicles get repaired or scrapped, and traffic or business camera footage is often erased within weeks.
In our experience, the strongest cases are the ones where evidence is preserved early. Starting soon after an accident lets us send preservation letters, photograph the scene, and speak with witnesses while the details are still fresh.
Missing the Deadline Usually Ends Your Case
If you miss the statute of limitations, the court will almost always dismiss your case for good. At that point, even clear fault and strong evidence will not save the claim.
The defense routinely files a motion to dismiss when a lawsuit arrives late. Judges have little room to keep an expired case alive, which is why the deadline carries so much weight.
Filing on time protects your ability to recover money for medical bills, lost wages, and pain and suffering. The safest approach is to treat the two-year window as shorter than it sounds and act well before it closes.
Courts treat the filing deadline as a hard cutoff, and there is no general “good reason” excuse for missing it. This is why we build every case with the deadline in mind from the very first meeting.
How Our Team Protects Your Filing Deadline
We track every deadline from day one so your claim is filed on time and built for results. Since 1983, Bagen Law Accident Injury Lawyers has been Fighting for Florida’s Injured® across Gainesville, Ocala, and Daytona. Our attorneys bring more than 150 years of combined experience to accident and wrongful death cases throughout North Central Florida.
We serve neighborhoods across the region, from Haile Plantation, Tioga, and Oakmont to Duckpond and University Park, and we know the roads where crashes happen, including busy corridors near Archer Road and Newberry Road. From our office on Highway 441 in Gainesville, next to the Florida Highway Patrol station, we help injured people move their claims forward quickly.
Acting early gives your case the time it needs to succeed, so reach out as soon as you can after an injury.
FAQs about Personal Injury Statute of Limitations in Florida
Here are answers to common questions we hear about injury filing deadlines in Florida.
Is the lawsuit deadline the same as my insurance claim deadline?
The two are not the same. The statute of limitations is a court deadline for filing a lawsuit, while insurance companies set their own separate deadlines for reporting a crash and filing a claim. Meeting one does not satisfy the other, so both should be handled promptly.
What is a statute of repose?
A statute of repose is a firm outer deadline that can bar a claim even before the normal limitations period would end. Florida applies one to certain product liability and construction cases, often measured from the date a product was delivered or a project was completed. It can cut off a claim regardless of when the injury actually happened.
Does calling the police or filing an accident report change my deadline?
No. Reporting a crash to law enforcement is important for building your case, but it does not extend the time you have to file a lawsuit. The two-year statute of limitations runs on its own, separate from any police report.
How soon should I speak with a lawyer after an injury?
As soon as reasonably possible. Early contact gives your legal team time to gather evidence, identify every deadline, and preserve records before they disappear. Waiting can make a case harder to build, even when the deadline has not yet passed.
Does settling with the insurance company affect the deadline?
It can. If you accept a settlement and sign a release, you usually give up the right to sue for that injury, no matter how much time is left on the filing deadline. Before signing anything, it helps to understand what rights you may be giving up.
Is the wrongful death deadline measured from the accident or the death?
The wrongful death deadline runs from the date of death, not the date of the accident. In many cases those dates are the same, but when a loved one survives for a time before passing, the two-year clock starts on the day they die.
Talk With Bagen Law About Your Deadline Today
The two-year deadline moves faster than most people expect, and every day matters. If you were hurt in an accident anywhere in North Central Florida, our team at Bagen Law Accident Injury Lawyers, P.A., is ready to review your case for free and make sure your claim is filed on time.
Call our Gainesville office at (800) 800-2575 or our Ocala office at 352-377-9000 to speak with us. There is no fee unless we win, so reach out today and let us start Fighting for Florida’s Injured® for you.