Florida Personal Injury Statute of Limitations (2025): Deadlines & Exceptions
Florida Personal Injury Statute of Limitations (2025): Deadlines & Exceptions
For personal injury claims in Florida, the passage of House Bill 837 in March 2023 reduced the general negligence-based filing window to 2 years for incidents occurring after March 24, 2023. Knowing this deadline — and the exceptions where it can be extended — is critical to preserving your right to sue. Missing the deadline can mean losing your case entirely.
Standard limitation periods in Florida
Under Florida Statutes § 95.11, the general rule for negligence-based personal injury cases is:
- 2 years from the date of injury for most negligence actions. ([chaliklaw.com](https://www.chaliklaw.com/faqs/what-is-the-statute-of-limitations-for-personal-injury-in-florida/))
- For injuries incurred prior to March 24, 2023, the older 4-year limitation period may apply. ([salterhealy.com](https://www.salterhealy.com/floridas-new-statute-of-limitations-for-personal-injury-cases-2023/))
- Intentional torts (e.g., assault & battery) may carry a 4-year period. ([nolo.com](https://www.nolo.com/legal-encyclopedia/what-is-the-personal-injury-statute-of-limitations-in-florida.html))
Tolling and exceptions (minors, discovery rule)
The clock does not always run uninterrupted. Some key exceptions include:
- If the injured person is a minor, the limitation period can be tolled until they turn 18. ([nolo.com](https://www.nolo.com/legal-encyclopedia/what-is-the-personal-injury-statute-of-limitations-in-florida.html))
- The “discovery rule” applies when the injury or cause was not immediately apparent; the clock may start when the injury was discovered or reasonably should have been discovered. ([sdlitigation.com](https://sdlitigation.com/florida-personal-injury-statute-of-limitations/))
- If the defendant leaves the state, conceals themselves, or evades service, the statute may be tolled. ([nolo.com](https://www.nolo.com/legal-encyclopedia/what-is-the-personal-injury-statute-of-limitations-in-florida.html))
Government entity claims vs private suits
Claims against state, county or municipal entities involve additional procedural steps and often shorter deadlines:
- You typically must file a written notice of claim within 3 years for many government tort claims. ([lorenzoandlorenzo.com](https://www.lorenzoandlorenzo.com/personal-injury-guide/personal-injury-statute-limitations/))
- Failing to meet the notice requirement may bar your suit even if you’re within the 2-year negligence window.
Key procedural steps to preserve claim
- Seek prompt medical care and keep records — early documentation strengthens your claim.
- Preserve evidence: photographs of the scene, witness contact info, accident report if applicable.
- Note the date of injury or discovery of injury to track the 2-year window.
- If filing against a government entity, send the required notice of claim in time — commonly within 3 years. ([lorenzoandlorenzo.com](https://www.lorenzoandlorenzo.com/personal-injury-guide/personal-injury-statute-limitations/))
- Consult an attorney early — many deadlines and exceptions hinge on fact-specific details.
Consequences of missing deadlines
If you file after the statute of limitations has expired (and no exception applies):
- The defendant can file a motion to dismiss on statute-of-limitations grounds — and the court will likely deny your case altogether. ([gouldcooksey.com](https://gouldcooksey.com/blog/florida-injury-statute-limitations/))
- You may lose your right to seek compensation even if liability and damages are otherwise clear.
- Late filing undermines settlement leverage and can increase costs of litigating a weaker position.
Frequently Asked Questions
What’s the time-limit for general PI cases?
Typically you have two years from the date of injury to file most personal injury lawsuits in Florida—provided the accident occurred after March 24, 2023. For earlier accidents the 4-year limit may apply.
Does the clock pause for children?
Yes. Special rules allow tolling of the limitation period when the injured person is a minor, often until they reach majority or until discovery of the injury. The precise rule depends on the facts.
Can I still settle after the deadline?
Only if you previously filed your case before the deadline or a valid exception applies. Once the statute of limitations expires you cannot initiate a new lawsuit to enforce the claim.
Does the two-year deadline apply to medical malpractice too?
Yes—medical malpractice claims generally must be filed within two years of injury (or discovery), but there is also a four-year “statute of repose” preventing filing more than four years from the act. ([chaliklaw.com](https://www.chaliklaw.com/faqs/what-is-the-statute-of-limitations-for-personal-injury-in-florida/))
What if the defendant is a government entity?
You must file a timely notice of claim (often within 3 years) and then file the lawsuit within the shorter applicable statute. Failing the notice may bar the claim even if you file within two years. ([nolo.com](https://www.nolo.com/legal-encyclopedia/what-is-the-personal-injury-statute-of-limitations-in-florida.html))
Key Takeaways
- For most personal injuries in Florida after March 24, 2023 you must act within 2 years to file a claim.
- The limitation period can be tolled (paused) for minors, discovery delays or when the defendant evades service.
- Claims against government entities involve additional notice and shorter deadlines—don’t assume the standard rule applies.
- Missing the deadline means losing your lawsuit even if you have a strong case—seek legal advice early when injuries occur.
References
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