The Clock Is Ticking: Florida’s Statute of Limitations for Injury and Wrongful Death Claims

After a serious injury or the loss of a family member, a courtroom is the last thing most people want to think about. But Florida law imposes strict deadlines on the right to seek compensation, and once the clock runs out, the claim is gone, no matter how strong it was. This is the statute of limitations, and it is shorter than most people assume. Here is how it works in Florida and why the practical deadline is much earlier than the legal one.

The general rule: two years

Florida’s 2023 tort reform cut the deadline for negligence claims in half. For injuries occurring after March 24, 2023, a personal injury lawsuit based on negligence generally must be filed within two years of the date of the accident. Injuries that occurred before that date still fall under the old four-year rule. Car accidents, slip and falls, dog bites, premises claims and most other injury cases are covered by this two-year limit.

Wrongful death: two years from the death

A wrongful death action in Florida must generally be filed within two years of the date of death, not the date of the injury that caused it. The claim is brought by the personal representative of the estate on behalf of the surviving family members, which means the estate must be opened in time for the lawsuit to be filed.

Medical malpractice: a different and more complicated clock

Medical negligence claims must generally be filed within two years from the time the injury was discovered, or should have been discovered with reasonable diligence, subject to an outside limit of four years from the incident. That outer limit can extend to seven years where fraud or intentional concealment prevented discovery, and special rules protect young children. Florida also requires a pre-suit investigation and notice process before a malpractice suit can be filed, which tolls the clock but takes months to complete. If you suspect malpractice, the time to call a lawyer is now, not at the eighteen-month mark.

Claims against the government: notice first

If the responsible party is the State of Florida, a county, a city, a school board, a public hospital or any other government agency, section 768.28 requires written notice of the claim to the agency (and in most cases to the Department of Financial Services) before suit, and the agency has a period to respond. Damages against government entities are also capped by statute unless the Legislature passes a special claims bill. These cases are won or lost on procedure, and the notice must be done correctly and early.

Other deadlines that catch people

• Product liability. Claims for injuries caused by defective products carry their own limitations and a statute of repose that can bar claims for older products regardless of when the injury occurred.
• Minors. Florida has limited tolling for children, but it does not simply pause the clock until age 18, and parents’ own claims for medical expenses have separate deadlines.
• Uninsured motorist and insurance claims. Your own policy may impose contractual notice and cooperation requirements that are far shorter than the statute.
• Boating and maritime cases. Depending on where the accident occurred, state or federal maritime law may control the deadline.

Our Florida accident deadline checker walks through the general timelines, but it is not a substitute for a lawyer’s review of your specific facts.

Why two years is not really two years

The legal deadline is the last possible day to file a lawsuit. The practical deadline to build a winning case is measured in weeks:

• Evidence disappears. Surveillance video is overwritten in days. Vehicles are repaired or scrapped. Skid marks fade. Hazards are fixed.
• Witnesses move and forget. A statement taken in the first month is worth more than one taken in the twentieth.
• Experts need time. Accident reconstruction, medical and economic experts must review records and inspect evidence before anything is filed.
• Insurance claims come first. Most cases are negotiated with insurers before suit, and that process cannot start until the medical picture is clear.
• Pre-suit requirements. Malpractice and government claims have mandatory steps that consume months of the limitations period.

What happens if you miss it

The defendant files a motion, the court dismisses the case, and the claim is permanently barred. There is no hardship exception, and “I didn’t know about the deadline” is not a defense.

Don’t wait until it’s too late

Contacting a lawyer early does not mean rushing into a lawsuit. It means preserving your options while you focus on recovery or on your family. Call The Injury Advocates at (754) 812-8444 or 833-DARFOOR, or send us a message. The consultation is free, and you owe no fees or costs unless we recover for you. Learn more about how our personal injury lawyers and wrongful death lawyers protect your right to be heard.