How Long Do I Have to File a Claim in Florida?

In most personal injury cases, including car accidents, truck accidents, and slip and fall claims, Florida law gives you two years from the date of the incident to file a lawsuit. This deadline was shortened from four years to two years for causes of action accruing on or after March 24, 2023, so older assumptions about a four-year window no longer apply.

Key Deadlines to Know

• Personal injury claims (car, truck, motorcycle, slip and fall, dog bites): Two years from the date of the incident.
• Wrongful death claims: Two years from the date of death.
• Claims against a government entity: Shorter notice deadlines and different procedural rules apply, often requiring formal written notice well before two years have passed.

When the Clock Doesn’t Start Where You’d Expect

The two-year deadline usually runs from the date of the accident itself, but a few situations complicate that starting point. If an injury isn’t discovered until later, such as a slow-developing condition that only becomes apparent months afterward, Florida’s discovery rule can shift the deadline to when the injury was or reasonably should have been discovered.

Claims involving multiple parties can also have different deadlines running at the same time. For example, a crash involving both a private driver and a government vehicle, like a city bus or county-owned truck, may require formal notice to the government entity on a separate and often shorter timeline than the two-year deadline that applies to the private driver. Sorting out which deadline applies to which party is not something to guess at on your own.

What Happens if You Miss the Deadline

If you file after the statute of limitations has expired, the court will dismiss your case regardless of how strong your evidence is or how serious your injuries are. There is no exception for simply not knowing the deadline had passed. A small number of situations can pause, or toll, the clock, such as certain claims involving minors, but these exceptions are narrow and should not be relied on without confirming they actually apply to your situation.

Why You Shouldn’t Wait Until the Deadline Approaches

Two years may sound like a long time, but building a strong case takes time. Evidence like surveillance footage and vehicle data can be erased within weeks, witnesses move or forget details, and insurance companies use delay to their advantage during negotiations. Starting early also gives your attorney room to negotiate before a lawsuit becomes necessary, and to file suit well before the deadline if a fair settlement cannot be reached.