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How Long Do You Have to File a Personal Injury Claim in Florida?
5 min read
By: Caine Law
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Quick answer
For most Florida personal injury claims based on negligence, such as car accidents and slip-and-falls, you generally have two years from the date of injury to file a lawsuit. That two-year deadline applies to claims arising after March 24, 2023. Wrongful death, medical malpractice, and claims against government agencies follow different rules.
Key takeaways
Most negligence lawsuits in Florida must be filed within two years.
Claims that arose before March 24, 2023 may still have the older four-year deadline.
Your PIP benefits have a separate, much shorter clock: get medical care within 14 days.
Claims against government agencies require written notice before suit and have special rules.
Waiting costs evidence, even when the legal deadline is still open.
In this article
What is the statute of limitations for personal injury in Florida?
Do different types of claims have different deadlines?
What is Florida’s 14-day PIP rule?
What happens if I miss the deadline?
Why shouldn’t I wait until the deadline is close?
Frequently asked questions
About the author
What is the statute of limitations for personal injury in Florida?
The statute of limitations for most Florida personal injury lawsuits based on negligence is two years. The deadline is set by section 95.11 of the Florida Statutes and was shortened from four years by Florida’s 2023 tort reform law (House Bill 837).
The two-year limit applies to negligence claims that arose after March 24, 2023. If your accident happened before that date, the older four-year period may still apply. Because the change is recent, it is worth confirming which rule covers your situation.
Do different types of claims have different deadlines?
Yes. The type of claim, and sometimes who you are claiming against, changes the deadline. The table below summarizes the general rules.
Type of claim | General deadline | Notes |
Car, truck or motorcycle accident (negligence) | 2 years | For claims arising after March 24, 2023 |
Slip and fall / premises liability | 2 years | Same negligence deadline |
Wrongful death | 2 years | Generally runs from the date of death |
Medical malpractice | 2 years | From when the injury was or should have been discovered, with an outer limit of 4 years from the incident in most cases |
Claims against a government agency | Special rules | Written notice to the agency is required before filing suit |
PIP medical benefits | 14 days | Initial treatment must happen within 14 days to use PIP |
General information only. Exceptions can extend or shorten these deadlines.
What is Florida’s 14-day PIP rule?
Florida’s 14-day rule says you must receive initial medical treatment within 14 days of a car accident to use your Personal Injury Protection (PIP) benefits. Florida drivers carry $10,000 in PIP coverage, which pays a portion of medical bills and lost wages regardless of who caused the crash.
The 14-day rule is not a lawsuit deadline, but missing it can leave you paying medical bills out of pocket. Our Florida PIP guide-guide-2026) explains how PIP works.
What happens if I miss the deadline?
If you file after the statute of limitations expires, the court will usually dismiss the case, and you lose the right to recover compensation through the courts. Insurance companies know this, and their settlement leverage increases as the deadline gets closer.
A small number of exceptions can pause or extend a deadline, for example, in some cases involving minors or concealed wrongdoing. These exceptions are narrow, so it is safer to assume the deadline applies.
Why shouldn’t I wait until the deadline is close?
Even when two years sounds like plenty of time, the strength of your case starts slipping right after the accident. Here is what tends to disappear first:
Video footage from businesses and traffic cameras, often overwritten within days or weeks.
Vehicle evidence, once cars are repaired or salvaged.
Witness memories, and sometimes the witnesses themselves.
A clear medical record linking your injuries to the accident, if treatment is delayed.
Starting early also gives your attorney time to investigate, document your damages, and negotiate before a lawsuit is necessary. If fault is in question, read what happens if you were partly at fault for your accident in Florida.
Frequently asked questions
Does the insurance claim deadline match the lawsuit deadline?
No. Your insurance policy may require you to report an accident promptly, often well before two years. Reporting deadlines come from your policy; the lawsuit deadline comes from Florida law.
Does negotiating with the insurance company stop the clock?
No. Settlement talks generally do not pause the statute of limitations. If the deadline is approaching, a lawsuit may need to be filed to protect the claim.
When does the two-year clock start?
For most accidents, the clock starts on the date of the injury. For wrongful death, it generally starts on the date of death. For medical malpractice, it can start when the injury is discovered.
I was injured in 2022. Do I still have time?
Possibly. Claims that arose before March 24, 2023 may fall under the previous four-year deadline. Talk to an attorney soon to confirm.
About the author
Daniel Caine is the founding attorney of Caine Law in Miami. He has more than 20 years of legal experience, including years defending insurance companies, and now represents people injured in car, truck, and motorcycle accidents and homeowners in insurance disputes across Florida. He is licensed in Florida and Ohio.
Not sure if your deadline is close? Schedule a free consultation with Caine Law and get a clear answer.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different.
