Statute of limitations · Florida
Florida statute of limitations
Every civil deadline below is quoted from the Florida Statutes and was verified against the code on July 12, 2026. Florida cut its negligence deadline in half in 2023, so the date your claim arose matters — start with the claim that fits, then use the calculator for your exact date.
Quick answer
Most Florida personal-injury lawsuits must be filed within two years of the injury for claims arising on or after March 24, 2023, under Florida Statutes § 95.11(5)(a). Claims that arose before that date keep the old four-year period. Medical malpractice is two years from discovery (§ 95.11), written-contract debt is five years (§ 95.11(2)(b)), and government claims require a three-year notice (§ 768.28). The full cited table is below, and the calculator gives your exact date.
Verified Every deadline on this page is checked against the primary Florida statute — not a secondary chart, many of which still print the pre-2023 numbers. Last verified July 12, 2026. How we verify · Educational only, not legal advice.
Calculate your filing deadline
Pick the claim type and enter the date it happened. For Florida negligence claims the calculator automatically applies the two-year period on or after March 24, 2023, and the four-year period before it.
Method & source
The state's limitation period is added to the date you entered. Real deadlines shift with discovery rules, tolling for minors, and government-claim notice periods that can expire within months.
Show our work The math, and the laws behind it
Sources Personal-injury limitation periods, cited by statute
Each personal-injury period below was verified against the cited statute on July 11, 2026, from the current official state code, cross-checked against independent 50-state surveys. Two states changed their period recently and the calculator splits on the effective date: Florida (four years → two, March 24, 2023) and Louisiana (one year → two, July 1, 2024). This table is generated from the same data the calculator uses, so the two cannot disagree. Other claim types in the tool are not yet individually cited.
| State | Years | Statute |
|---|
What is the statute of limitations in Florida? Every deadline, cited
This table is the fast answer. Each period is followed by the statute it comes from. Personal-injury periods are stamped Exact because we verify them against the statute every quarter; the others are cited to the controlling section and were confirmed July 2026.
| Type of claim | Deadline | Statute |
|---|---|---|
| Personal injury (negligence), on/after 3/24/2023 | 2 years | Fla. Stat. § 95.11(5)(a) |
| Personal injury (negligence), before 3/24/2023 | 4 years | former § 95.11(3)(a) |
| Car / motorcycle / pedestrian accident | 2 years (post-3/24/2023) | § 95.11(5)(a) |
| Wrongful death | 2 years | § 95.11(5) (from date of death) |
| Medical malpractice | 2 yr from discovery / 4 yr repose | § 95.11(5)(c) |
| Intentional torts (assault, battery, false imprisonment) | 4 years | § 95.11(3) |
| Property damage | 4 years | § 95.11(3) |
| Product liability | 4 years | § 95.11(3); repose § 95.031 |
| Written contract / most debt | 5 years | § 95.11(2)(b) |
| Oral contract | 4 years | § 95.11(3)(k) |
| Claim against a government entity | 3-year written notice | § 768.28(6) |
A citation trap worth knowing: a 2024 reorganization renumbered the negligence deadline from § 95.11(4)(a) to § 95.11(5)(a). Many competing pages still print the old subsection — or the pre-2023 four-year period. Both are wrong for a current negligence claim.
What is the statute of limitations for personal injury in Florida?
Two years from the date of injury, for claims arising on or after March 24, 2023. That deadline lives in Florida Statutes § 95.11(5)(a), added by HB 837. Before that date the period was four years, and claims that accrued earlier keep the old four-year window — the two regimes run in parallel for the next several years, which is why the accrual date matters so much.
The two-year clock covers most negligence claims: car, motorcycle, bicycle, pedestrian, and truck accidents, slip-and-falls, and dog bites. It runs from the date of the incident. Florida does not apply a general discovery rule to ordinary negligence — for a standard accident, the clock starts on the day it happened, not when you finish treatment or learn the full extent of your injuries.
The HB 837 context. The same 2023 law also moved Florida from pure to modified comparative negligence: a plaintiff found more than 50% at fault now recovers nothing (§ 768.81). That doesn't change the filing deadline, but it changes what a late or weak claim is worth.
How long do I have to sue for medical malpractice in Florida?
Two years from when you discovered, or should have discovered, the injury — but no more than four years from the incident itself. That is the rule in § 95.11(5)(c). Fraud or concealment can extend the four-year outer limit to seven years, and a claim on behalf of a child is generally not barred before the child's eighth birthday. Florida also requires a pre-suit investigation and notice under Chapter 766 before a malpractice suit can be filed.
What is the statute of limitations on debt in Florida?
Five years for a written contract, which covers most consumer debt. That deadline is set by § 95.11(2)(b), and the clock generally starts on the date of your first missed payment. An oral or open-account debt is four years (§ 95.11(3)(k)). As in every state, making a payment or acknowledging the debt in writing can restart the clock — worth understanding before you respond to a collector on an old account.
How long do I have to sue a government agency in Florida?
You must give written notice of the claim within three years (two for wrongful death) under § 768.28(6) before you can sue a Florida government entity — a city, county, the state, a public hospital, or a government employee on the job. The notice requirement is separate from the lawsuit deadline; meeting it does not extend your time to file. Sovereign-immunity caps also limit recovery to $200,000 per person and $300,000 per incident.
What happens if you miss the statute of limitations in Florida?
A statute of limitations is an affirmative defense. File late and the defendant raises the expired deadline, and the court will dismiss the case — regardless of how clear the liability or how serious the injury. A few narrow exceptions can pause the clock: the plaintiff was a minor or legally incapacitated, or the defendant fraudulently concealed the injury. None are safe to rely on without legal advice, and negotiating with an insurer never pauses the deadline.
Sources
Each period above is cited to the controlling Florida statute and was verified against the official Florida Statutes on July 12, 2026. Primary source: the Florida Legislature (flsenate.gov). Personal-injury periods are additionally cross-checked every quarter and stamped Exact in the calculator.
- Negligence / personal injury — Fla. Stat. § 95.11(5)(a) (2 yr on/after 2023-03-24, HB 837; 4 yr before; renumbered from (4)(a) in the 2024 reorganization)
- Medical malpractice — § 95.11(5)(c) (2 yr discovery / 4 yr repose / 7 yr fraud)
- Intentional torts, property damage, product liability, oral contract — § 95.11(3)
- Written contract / debt — § 95.11(2)(b)
- Government claims — § 768.28(6); comparative negligence — § 768.81
Common questions
How long do I have to sue after a car accident in Florida?
Two years from the date of the crash, for accidents on or after March 24, 2023, under § 95.11(5)(a). Crashes before that date keep the old four-year deadline. A government vehicle triggers a separate three-year notice requirement.
Did Florida change its statute of limitations?
Yes. HB 837, effective March 24, 2023, cut the negligence deadline from four years to two. A 2024 reorganization then renumbered the statute to § 95.11(5)(a). Many older pages still show the outdated numbers.
Does an insurance claim stop the clock?
No. Negotiating with an insurer does not pause the filing deadline. You must file the lawsuit within the period even if the claim is still open.
Is this legal advice?
No. This page is educational. Deadlines have exceptions that depend on your specific facts — confirm yours with a licensed Florida attorney before acting.
Primary sources
- Fla. Stat. § 95.11 — limitations of civil actions (personal injury, medical malpractice, contract, property).
- HB 837 (2023) — amendment cutting the negligence period to two years, effective March 24, 2023; comparative negligence, § 768.81.
- Fla. Stat. § 768.28(6) — notice requirement and sovereign-immunity caps for claims against government entities.
- Florida Legislature (flsenate.gov) — official statutory text, verified July 12, 2026.
Legal data verified — July 2026 · educational, not legal advice