If you were hurt in Florida because someone else was careless, the clock on your lawsuit is now two years, not four. That change caught a lot of people out, because for decades Florida gave negligence plaintiffs four years to file, and plenty of older guides, forum posts, and AI-written summaries still quote the old number. Since March 24, 2023, the rule for most negligence claims is two years from the date the claim accrues, under Fla. Stat. § 95.11.
The Two-Year Rule and Where It Comes From
House Bill 837, Chapter 2023-15, Laws of Florida, cut the limitations period for general negligence actions from four years to two. The change applies to causes of action accruing after the bill’s effective date, March 24, 2023. A negligence cause of action generally accrues when the injury is first inflicted, under Fla. Stat. § 95.031(1), which defines accrual as the moment the last element of the claim occurs. In practice, that usually means the date of the crash, the fall, or the other incident, not the date you finished treatment or first spoke to a lawyer.
One citation trap is worth knowing about. The 2023 amendment also renumbered parts of § 95.11, so the general-negligence provision now sits at § 95.11(5)(a). Many analyses written in 2023 still cite the pre-amendment subsection, § 95.11(4)(a). If a source cites (4)(a) for a two-year negligence deadline, it is describing the same rule with the old numbering, not a different deadline.
The two-year rule covers the bulk of Florida personal injury litigation: car and motorcycle crashes, slip-and-fall and premises cases, and other claims founded on negligence, including negligence claims for property damage. It does not cover every kind of injury claim, and the exceptions below are where people lose cases they thought they had time to file.
Worked Examples: Which Deadline Applies to You
Example 1 — crash after the reform. You are rear-ended on Saturday, October 24, 2026. Your negligence claim accrues that day, and the two-year period runs to Tuesday, October 24, 2028. File by that date, or the claim is time-barred.
Example 2 — the deadline that has already passed. You were hurt in a fall on Saturday, March 30, 2024, and assumed you had four years. Under the current rule your deadline was Monday, March 30, 2026. By late 2026 that window has closed, even though treatment or settlement talks may still be ongoing. Settlement negotiations do not pause the clock.
Example 3 — injury before the reform. You were hurt on Monday, March 20, 2023, four days before HB 837 took effect. Because your claim accrued before March 24, 2023, the old four-year period still governs, running to Saturday, March 20, 2027. When the last day of a period falls on a weekend or legal holiday, Fla. R. Civ. P. 1.090(a) pushes the deadline to the next business day, so the practical filing deadline here would be Monday, March 22, 2027. Do not rely on that rollover without confirming it applies to your filing, but do not ignore it either.
What the Two-Year Rule Does Not Cover
Intentional torts still get four years. Assault, battery, and false imprisonment are intentional torts, not negligence, and § 95.11(3) still gives four years for those claims. If a case mixes negligence and intentional conduct, the claims can carry different deadlines, so each claim needs its own calendar entry.
Medical malpractice runs on its own clock. A medical negligence claim must generally be filed within two years of discovery, or of when the injury reasonably should have been discovered, with a four-year statute of repose as an outer limit, except in cases of fraud or intentional concealment. Medical malpractice also has a mandatory pre-suit process under Fla. Stat. § 766.106, including a 90-day notice of intent, which tolls the limitations period while it runs. Missing the pre-suit step is a separate way to lose an otherwise timely claim.
Wrongful death is two years, measured differently. A wrongful death claim under § 95.11 must be filed within two years, but the clock generally runs from the date of death, not the date of the negligent act. When death follows the injury by weeks or months, that distinction can add real time, and it can also mislead: if death occurs long after the injury, the family’s deadline is still only two years from death.
Claims against government bodies follow a different path. Suing a Florida state agency, city, or county for negligence generally requires a written claim presented to the agency and to the Florida Department of Financial Services within three years of accrual (two years for wrongful death), and the lawsuit itself must be filed within four years, under Fla. Stat. § 768.28. The pre-suit notice is a condition of suit, not a formality: courts dismiss government claims where the notice step was skipped, even when the underlying claim has merit.
Product liability can run longer. A claim for injury from a defective product may carry a four-year period under § 95.11(3), depending on how the claim is pleaded. Do not assume the two-year negligence deadline governs a product case, and do not assume four years either: the pleading theory decides it.
Tolling: The Exceptions Are Narrower Than People Expect
Florida does not pause the clock just because the injured person is a minor. Tolling for a minor applies only in narrow circumstances, such as when no parent or guardian is available, has a conflicting interest, or has been declared incapacitated, and even then the extension is capped at seven years from the date of injury. Fraudulent concealment, a defendant’s absence from the state, and other tolling grounds under § 95.051 exist, but each has its own conditions, and none of them should be assumed without checking the statute against your facts.
One more 2023 change matters to anyone weighing whether to file at all. HB 837 also replaced Florida’s pure comparative negligence rule with a modified version at Fla. Stat. § 768.81(6): a plaintiff found more than 50 percent at fault recovers nothing, while a plaintiff 50 percent or less at fault recovers reduced by their share. Medical negligence claims are carved out and still use the pure comparative rule. That fault line does not change your filing deadline, but it changes the value of waiting: evidence fades, and a case filed late is a case where the other side’s version of events has had two years to harden.
What to Do With This Deadline
Calendar the date the day you take the case, from the accrual date, not from the date treatment ends. If the incident happened before March 24, 2023, confirm whether the old four-year period still applies before assuming you have time. If a government body is involved, start the § 768.28 notice process immediately, because it has its own deadline. And if you are anywhere near the two-year mark, file first and negotiate second: a filed case can settle, but an unfiled claim past its deadline cannot be revived by a good explanation.
For the next step after a missed or approaching deadline, see our guide to Florida’s answer deadline for defendants, and if you are counting any deadline, run the dates through our free legal deadline calculator before you rely on them. If a deadline has already slipped, read what happens when you miss a court deadline, and for how Florida’s personal injury deadlines compare with other states, see personal injury statutes of limitations by state.
Frequently Asked Questions
Is Florida’s negligence statute of limitations 2 years or 4 years?
Two years, for causes of action accruing after March 24, 2023, under Fla. Stat. § 95.11 as amended by HB 837. The four-year period still applies to negligence claims that accrued before that date, and to intentional torts such as assault and battery.
When does the two-year clock start?
Generally on the date the injury is first inflicted, under Fla. Stat. § 95.031(1). The clock does not start when you finish medical treatment, when an insurer denies your claim, or when you first consult a lawyer.
Does the old four-year deadline apply to my pre-2023 accident?
If your claim accrued before March 24, 2023, the pre-reform four-year period should govern. If the last day of that period falls on a weekend or legal holiday, Fla. R. Civ. P. 1.090(a) generally moves the deadline to the next business day. Confirm the accrual date carefully, because a claim that accrued on or after March 24, 2023 is on the two-year clock.
What if the defendant is a Florida city or state agency?
Different rules apply under Fla. Stat. § 768.28. You must generally present a written claim to the agency and the Department of Financial Services within three years (two years for wrongful death), and file suit within four years. Skipping the notice step can get the case dismissed.
Does a minor get extra time in Florida?
Not automatically. Tolling for a minor applies only in narrow situations, such as when no parent or guardian is available or has a conflicting interest, and is capped at seven years from the injury. A parent or guardian should act within the normal two-year period rather than relying on tolling.
Does negotiating with the insurer extend the deadline?
No. Settlement talks, claim investigations, and insurer delays do not pause the statute of limitations. Only a filed lawsuit stops the clock, and only a statutory tolling ground extends it.
This article is general information about Florida filing deadlines, not legal advice. Statutes and court rules change, and the deadline for a specific case depends on its facts, including the accrual date, the claims pleaded, and any tolling. Confirm your deadline with a licensed Florida attorney before relying on it.