How long do I have to file a personal injury claim in Florida?

You have just been involved in an accident or a serious injury has just happened to you, and after all the confusion and chaos have subsided, you’re thinking clearly, and the question of “How long do I have to file a personal injury claim in Florida?” starts to cross your mind.

In Florida, the deadline to file a personal injury lawsuit depends on the type of case. For most negligence-based injury cases (car crashes, slip/trips, negligent security, etc.), Florida law now gives you two years to file suit. This change came from Florida’s 2023 tort reform (HB 837), which became effective March 24, 2023. (The Florida Senate)

Important: the “clock” usually starts when the cause of action accrues—typically the date of the accident (when the last element of the claim occurs). (Online Sunshine)

What changed: 4 years vs. 2 years

For negligence actions, the current statute of limitations is two years. (The Florida Senate)
Before the law changed, Florida generally allowed four years for negligence actions. That older four-year language is still shown in the pre-reform statute. (The Florida Senate)
In plain terms: many crashes on/after March 24, 2023, are treated under the two-year deadline, while earlier incidents may fall under the prior four-year framework (and transition rules can get complicated fast). (The Florida Senate)

Exceptions and different rules (this is where people get surprised)

Medical malpractice
Medical malpractice has its own timeline. Generally, it must be filed within two years from the incident or from when the injury was discovered (or should have been discovered), but there’s also a four-year statute of repose (with special rules for minors and for fraud/concealment that can extend certain situations). (The Florida Senate)

Wrongful death
Wrongful death actions generally have a two-year deadline. (The Florida Senate)

Claims against government entities
If your case involves a state agency, county, or other governmental entity, Florida requires pre-suit written notice as a condition precedent. The statute requires written notice to the appropriate agency and (in many cases) the Department of Financial Services within specific time limits, and there is also a waiting/denial framework (including “deemed denied” provisions) that can affect timing. (The Florida Senate)

Defective product claims
Product cases can be tricky because Florida law can involve both a statute of limitations and a separate statute of repose. For many product-related injury claims, the general limitations period is four years, but Florida’s product liability statute of repose can bar some claims if the injury happens too long after the product’s first delivery to its first purchaser/lessee (often discussed as a 12-year repose for many products, with detailed exceptions). (The Florida Senate)

Why you should contact a lawyer early

Deadlines are only one reason to call early. The bigger issue is that the insurance company starts building its file immediately—sometimes within hours—and that file can quietly shape your case for months.

A lawyer helps by:

Protecting you from “helpful” insurance requests that can backfire (like recorded statements and broad medical authorizations)
Making sure your medical documentation matches what you’re actually going through (so your injuries aren’t minimized later)
Preserving evidence before it disappears (photos, vehicle damage angles, surveillance video, witness info)
Building damages the right way (medical bills, future care, lost income, pain and suffering, and long-term impact)

And just as important: you get your life back. Instead of juggling paperwork and adjuster calls while you’re trying to heal, you have someone handling the deadlines, the proof, and the pushback.

In Florida, missing the correct deadline can permanently bar the claim—no second chances. The safest move is to figure out which timeline applies to your specific case early, then protect the evidence and the medical record that will drive your recovery.

At Tucker Law, we’ll help you identify the right deadlines, avoid irreversible mistakes, and pursue the full compensation the law allows. There are no up-front costs, and we’ll tell you plainly what your next step should be.

Call Tucker Law at 1-800-TUCKERWINS.