Reference Guide
How Long Do You Have
How Long Do You Have
to File a Claim in Florida?
How long you have to file a claim in Florida, by case type, including the 2023 change that cut most injury deadlines in half.
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Florida cut most injury deadlines from 4 years to 2 years on March 24, 2023. House Bill 837 shortened the general negligence statute of limitations, covering car accidents, slip and falls, and premises liability. The change applies to claims that accrued on or after that date, meaning an older injury may still fall under the old 4-year window. Many people still assume they have twice as long as they do.
Quick Answers
Common Statute of Limitations Questions
What happens if I miss the statute of limitations in Florida?+
The claim is generally barred permanently. A court will dismiss a case filed after the deadline regardless of how strong the underlying facts are. There are narrow exceptions, but missing the deadline is generally fatal to the claim.
Did the 2023 law change apply to my older injury?+
Exclusively if the claim accrued on or after March 24, 2023. House Bill 837 shortened the general negligence deadline from 4 years to 2 years, but the change is not retroactive. An injury from before that date is still generally governed by the old 4-year window.
What is a statute of repose, and how is it different from a statute of limitations?+
A statute of limitations runs from when a claim is discovered or should have been discovered. A statute of repose is an absolute outer deadline that runs from a fixed event, like the date of a contract or construction, regardless of when the harm was discovered. Construction defect claims and fraud claims both carry a repose period in addition to the ordinary limitations period, and the repose deadline is not extended by discovery, notice, or negotiation.
Does the clock start on the date of the incident or the date I found out about it?+
It depends on the claim. Many deadlines run from the date of the incident itself. Others, including medical malpractice, fraud, and construction defects, use a discovery rule, where the clock starts when the harm was discovered or reasonably should have been discovered. Knowing which rule applies to a particular claim changes the actual deadline significantly.
Can the statute of limitations be paused or extended?+
Sometimes, through a legal process called tolling. Certain situations pause the clock, including a defendant's fraudulent concealment of the harm, the presuit notice period in medical malpractice cases, and a Chapter 558 notice in construction defect cases. These exceptions are narrow and require given proof, not just a reasonable excuse for the delay.
Is the statute of limitations the same for suing a government entity?+
No. Claims against a city, county, or state agency require written notice within 3 years of the incident, or 2 years for a wrongful death claim, under Fla. Stat. § 768.28. There is also a mandatory 180-day investigatory period before the claim can move forward. Missing this separate notice requirement can bar a claim even if it is otherwise within the standard limitations period.
How long do I have to file a criminal charge, as opposed to a civil claim?+
Criminal statutes of limitations are a separate framework from civil deadlines, and they govern how long the State has to formally charge someone, not how long a victim has to sue. Once charged, a related but distinct deadline, Florida's speedy trial rule, governs how quickly the case must go to trial. See our full Criminal Case Timeline for how that works.
Does the statute of limitations work differently for a child's injury?+
Yes, but the extra time is limited, not open-ended. Florida generally pauses the clock while the injured person is a minor, but most claims are still capped at 7 years from the date of injury regardless of age, so older children get less benefit from the pause than younger ones. Medical malpractice has a separate rule, generally requiring a child's claim to be filed by their 8th birthday to override the standard repose period. This is one of the more misunderstood areas of Florida's deadlines, and it is worth confirming directly rather than assuming a child automatically has until age 18 or beyond.
Is the statute of limitations the same as my PIP deadline after a car accident?+
No, and confusing the two is a common and costly mistake. Florida's PIP insurance requires medical treatment to begin within 14 days of a car accident for the injury to be covered at all. That is a completely separate, much shorter clock from the 2-year deadline to file a lawsuit. Missing the 14-day treatment window can cost PIP coverage even if the lawsuit deadline is still years away. See our Insurance Disputes and Litigation page for what happens when a PIP claim gets denied or underpaid.
Personal Injury & Wrongful Death
Injury and Death Claims
See our full Personal Injury practice page for how these deadlines apply to certain case types.
Claim Type
Deadline
Notes
2 years
From date of injury. Applies to claims accruing on or after March 24, 2023. Earlier claims may still fall under the old 4-year rule. See our posts on at-fault car accidents, what to do after a car accident, truck accident liability, and slip and fall claims against a business owner.
2 years
From the date of death, not the date of the underlying incident. Filed by the estate's personal representative. See our posts on the wrongful death lawsuit timeline and recoverable wrongful death damages in Florida.
Wrongful Death by Murder or Manslaughter
No deadline
A real exception. Florida imposes no statute of limitations when the death resulted from murder or manslaughter.
Medical Malpractice
2 years
From discovery of the injury, with a 4-year absolute repose regardless of when discovered. A mandatory 90-day presuit notice period tolls the clock.
Product Liability
2 to 4 years
4 years for strict liability claims. 2 years if the claim is negligence-based and accrued on or after March 24, 2023.
Defamation
Libel and slander
Libel and slander
2 years
Covers both written and spoken defamation claims.
Legal Malpractice
2 years
Generally from discovery of the malpractice.
Summary of Fla. Stat. § 95.11 and related provisions. Exact deadlines depend on the particular facts and when the claim accrued.
Minors and incapacitated adults get real, but limited, extra time. Under Fla. Stat. §95.051, the clock generally pauses while an injured person is under 18, but that protection is capped, not unlimited: most negligence claims still have to be filed within 7 years of the injury regardless of age, so a child hurt at 14 has less runway than a toddler hurt at 2. Medical malpractice follows a separate rule: a child's claim must generally be filed by their 8th birthday to override the standard 4-year repose period, a rule that carries the most weight in birth injury and cerebral palsy cases where the harm isn't obvious for years. Tolling for a legally incapacitated adult applies if the incapacity was formally adjudicated before the claim accrued, and it carries a 7-year cap.
Claims against a government entity run on a different clock entirely. Fla. Stat. § 768.28 requires written notice within 3 years of the incident (2 years for wrongful death), with a mandatory 180-day investigatory period before the claim can proceed. Missing this notice requirement can bar a claim even within the normal limitations period.
Contract & Construction
Contract, Real Estate, and Construction Claims
See our Contract Disputes and Real Estate Litigation pages for how these deadlines apply in practice.
Claim Type
Deadline
Notes
Written Contract
5 years
Generally from the date of breach. The most common deadline for business and commercial disputes.
Oral Contract
4 years
Contracts not reduced to writing run a shorter clock than written agreements.
Construction Defects
4 years
From discovery of the defect, subject to a 7-year statute of repose (shortened from 10 years, effective July 1, 2024). Chapter 558 requires 60 days written notice before filing, 120 days for large condo associations.
4 years
From discovery, but never more than 12 years from when the fraud was committed, an absolute repose that can bar a claim before it is ever discovered.
Summary of Fla. Stat. § 95.11 and construction-given provisions under Chapter 558. Repose periods are absolute and are not extended by pre-suit notice.
Other Civil Claims
Additional Common Deadlines
A few more that come up frequently, worth having in one place.
Claim Type
Deadline
Notes
Civil Assault and Battery
4 years
The civil claim, separate and apart from any criminal charge arising from the same conduct.
Property Damage
2 to 4 years
4 years generally. 2 years if the claim is negligence-based and accrued on or after March 24, 2023.
Civil Theft
See Fraud and Misrepresentation
See Fraud and Misrepresentation
4 years
Requires a pre-suit written demand. Allows treble damages if successful.
False Imprisonment / Trespass
4 years
Standard civil deadline for these claims.
Will Contest
3 months
From the notice of administration. Far shorter than most civil deadlines, and commonly missed.
Summary of Fla. Stat. § 95.11 and Florida Probate Code provisions.
Speak With Andre
Not Sure Which Deadline Applies?
Statute of limitations questions are rarely as simple as counting years from an incident date. Initial consultations are free and confidential, with no obligation to retain. Calling early preserves more options than waiting.
See our full Legal Terms Glossary, Personal Injury practice page, Civil Litigation practice page, our Areas We Serve page, or Contingency Fee Guide for related resources.
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