Florida’s Personal Injury Statute of Limitations: How Long Do You Have to File?
If you were injured in an accident in St. Petersburg, one of the most important dates in your case is a deadline you may not even know about. In 2023, Florida cut that deadline in half — and many people, and even some out-of-state lawyers, still have not caught up. Miss it, and a court will almost certainly dismiss your case no matter how badly you were hurt. Here is exactly how Florida’s personal injury statute of limitations works now, the deadlines for each type of claim, and the exceptions that can change them.
The short answer: two years for most Florida injury claims
A statute of limitations is the legal deadline to file a lawsuit. On March 24, 2023, Florida enacted a sweeping tort-reform law (House Bill 837) that amended Florida Statute § 95.11 and shortened the deadline for most negligence-based injury claims from four years to two years.
That two-year deadline applies to the vast majority of injuries caused by someone else’s carelessness, including St. Petersburg car accident lawyers, truck accidents, motorcycle crashes, slip and falls, and pedestrian and bicycle accidents.
One key detail: the change applies to accidents that happened on or after March 24, 2023. If your accident occurred before that date, the old four-year deadline still applies. When in doubt, assume the two-year clock and act quickly.
A quick example: if you were hurt in a crash on June 1, 2024, your deadline to file is generally June 1, 2026. But if your accident happened on January 1, 2023 — before the law changed — you keep the old four-year deadline of January 1, 2027.
When does the clock start?
For most injury claims, the two-year clock starts on the date of the accident — not the date you discovered the full extent of your injuries, not the date you finished treatment, and not the date your insurance claim was denied. Florida generally does not apply a ‘discovery rule’ to ordinary negligence cases, so waiting to see how you heal or how settlement talks unfold can quietly run out your time to sue.
Florida injury filing deadlines by type of claim
Not every case follows the standard two-year rule. Here are the deadlines that most often apply:
| Type of claim | Typical filing deadline |
|---|---|
| Most negligence claims — car, truck, motorcycle, slip & fall, pedestrian, bicycle | 2 years from the accident |
| Wrongful death | 2 years from the date of death (not the accident) |
| Medical malpractice | 2 years from discovery, capped at 4 years (statute of repose) |
| Claims against a city, county, or state agency | Special rules — written notice generally required within 3 years, plus a waiting period before suing |
| Defective product (product liability) | Generally 2 years (with a 12-year statute of repose, § 95.031) |
| Property damage | 2 years |
| Intentional torts (assault, battery, and similar) | 4 years (§ 95.11) |
Filing on time is only the first hurdle. Even a timely claim can be reduced — or completely barred — by Florida’s comparative negligence rules, and after a crash your own medical bills are handled first through no-fault PIP insurance.
Exceptions that can change your deadline
A handful of situations can shorten, extend, or pause the clock. These rules are technical, and getting them wrong can cost you your case — so treat this as a reason to call a lawyer early, not as something to rely on yourself.
- Injured minors. Special tolling rules can apply when the injured person is a child, though they are capped — tolling for minors and others under a legal disability generally cannot extend the deadline beyond seven years (§ 95.051).
- Claims against the government. Suing a city, county, the state, or a public hospital triggers sovereign-immunity rules (§ 768.28) — including a required written notice of claim and a mandatory waiting period before you can file suit. These deadlines are shorter and stricter than most people expect. Florida also caps damages against government entities at $200,000 per person and $300,000 per incident (§ 768.28).
- Fraud or concealment. If a defendant actively hid their wrongdoing, the clock may be paused until the truth could reasonably have been discovered.
- A defendant who leaves the state. Time a defendant spends outside Florida may not count against your deadline in some cases.
- Medical malpractice. Uses a discovery-based deadline but is capped by an outer four-year limit (longer only in narrow circumstances, such as fraud).
Workers’ compensation and Social Security disability claims run on entirely different timelines — see our workers’ compensation and Social Security disability pages for those deadlines.
Why you should never wait until the deadline
Two years can feel like a long time, but a strong injury case is built long before any lawsuit is filed. Waiting hurts you in ways that have nothing to do with the legal deadline:
- Evidence disappears. Surveillance and traffic-camera video is often erased within days or weeks; skid marks fade; witnesses move and memories blur.
- Florida’s 14-day PIP rule. After a crash, you must seek medical treatment within 14 days to keep your Personal Injury Protection benefits — a deadline far shorter than the statute of limitations.
- Insurers use delay against you. The longer you wait, the easier it is for an insurance company to argue your injuries were not serious or were not caused by the accident.
- Your lawyer needs runway. Investigating, working with experts, and negotiating a full-value settlement takes time. The earlier you start, the stronger your position.
What actually ‘stops the clock’?
Only filing a lawsuit in court stops the statute of limitations. Opening an insurance claim, talking with an adjuster, or even reaching a tentative settlement does not pause the deadline. If negotiations drag on near the two-year mark, your attorney may need to file suit to protect your rights while talks continue.
Not sure how much time you have left?
A short conversation can confirm your filing deadline and protect your claim. Consultations are free, and you owe nothing unless we win.
Curious what your claim might be worth? Try our free Florida injury settlement calculator for an instant estimate based on how these cases are actually valued.
Talk to a St. Petersburg personal injury attorney before time runs out
Florida’s two-year deadline is shorter than most people think, and the exceptions are easy to get wrong. If you or a loved one was injured in St. Petersburg or anywhere in Pinellas County, the safest move is to talk with an attorney early — while the evidence is fresh and every option is still on the table. Jorgensen Law, P.A. has fought for injured Floridians for more than 40 years, and our consultations are free. Call (727) 347-7733 or request a free case review, and explore our personal injury practice to see how we can help.
This article is general information about Florida law, not legal advice for your specific situation. Deadlines and exceptions are fact-specific — please consult an attorney about your case.
Frequently asked questions
How long do I have to file a car accident lawsuit in Florida?
For accidents on or after March 24, 2023, you generally have two years from the date of the crash. Accidents before that date fall under the old four-year deadline.
What happens if I miss the statute of limitations?
If you file after the deadline, the court will almost always dismiss your case permanently, no matter how serious your injuries are. There are very few exceptions, which is exactly why acting early matters.
Does the two-year deadline apply to an accident that happened before 2023?
No. The two-year rule applies to accidents on or after March 24, 2023. Earlier accidents keep the previous four-year statute of limitations.
What is the deadline for a wrongful death claim in Florida?
Generally two years, but the clock runs from the date of death rather than the date of the accident. See our wrongful death page for more.
Are claims against a city or county different?
Yes. Suing a government entity in Florida triggers special written-notice requirements and shorter, stricter deadlines under sovereign-immunity law. Talk to an attorney as soon as possible if a public agency may be at fault.
Does talking to the insurance company extend my deadline?
No. Only filing a lawsuit stops the clock. Negotiating with an insurer — even for months — does not pause the statute of limitations.
Hurt on the job instead? Workers’ comp runs on different deadlines and rules — including who picks your doctor. Read whether you can choose your own doctor for workers’ comp in Florida.
Related: fell in a store? The evidence window is even shorter than the legal deadline — see what to do after a slip and fall in a Florida store.
Note: wrongful death claims have always carried a two-year deadline in Florida (it was never four) — see our full guide to the Florida Wrongful Death Act.
