In Florida, the clock starts ticking the moment you are injured. Under Florida Statutes section 95.11(4)(a), as amended by the 2023 tort-reform law (HB 837), most negligence-based personal injury claims must now be filed within two years of the date of injury, down from the prior four-year window. Miss that deadline and a court will almost certainly dismiss your case, no matter how strong it is.
The General Rule: Two Years
For injuries that occurred on or after March 24, 2023, the deadline to file a personal injury lawsuit in Florida is two years. Claims that arose before that date may still fall under the older four-year rule, which is one reason the exact date of your accident matters so much.
Two years can feel like a long time, but it passes quickly when you are recovering from a serious injury, fighting with insurers, and trying to return to work. Evidence fades fast: witnesses move, dashcam and surveillance footage is overwritten, and skid marks disappear. The practical deadline to start building a strong case arrives long before the legal deadline to file.
Claims Against Government Entities
If a city bus, county vehicle, a hazard on a state road, or a slip in a public building caused your injury, a separate set of rules applies. Under Florida's sovereign-immunity statute (section 768.28), you generally must provide written notice of your claim to the appropriate agency and to the Department of Financial Services, and the agency has 180 days to investigate before you can sue.
These notice requirements are strict and unforgiving. A defective or late notice can bar an otherwise valid claim. Because so many Florida accidents involve some government component, it is dangerous to assume you have the full two years.
The Discovery Rule and Tolling Exceptions
Florida recognizes limited circumstances where the clock is delayed. In certain cases where an injury is not immediately apparent, the period may begin when you knew or reasonably should have known of the injury and its cause. Medical malpractice claims follow their own discovery-based timeline with an outer statute of repose.
The deadline may also be tolled for minors and for individuals who are legally incapacitated, though these exceptions are fact-specific and aggressively contested by insurers. They should never be relied on without legal guidance.
Why Acting Early Protects Your Claim
Beyond the deadline itself, early action preserves the evidence that wins cases. An attorney can send litigation-hold letters so a trucking company cannot delete its electronic logs, secure surveillance footage before it loops, and document a hazard before it is repaired.
If you have been injured in Florida, do not wait to learn which deadline applies. A free case review can pin down the exact timeline for your situation and make sure no deadline slips past.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. Injury Claim Team is a marketing service, not a law firm. For guidance on your specific situation, consult a licensed Florida attorney.