Florida injury claim deadlines: how long you have to act

The short answer

Florida's general statute of limitations for negligence is two years for causes of action that arose after March 24, 2023, and the same two-year period applies to wrongful-death lawsuits (Fla. Stat. § 95.11). If the incident happened before that date, a different, longer negligence deadline may apply. Missing the deadline usually ends the case, however strong it was, so it is worth confirming your date with an attorney as early as you can.

Key takeaways: two years to sue in most newer negligence cases; 14 days to start treatment if you want full PIP medical benefits after a car crash; 30-day windows on both sides of PIP disputes; and special notice rules if a government body may be responsible.

What "statute of limitations" means

A statute of limitations is a legal cutoff for filing a lawsuit. It is not the deadline to settle, to negotiate with an insurer, or to see a doctor. If a settlement is not reached and no lawsuit is filed before the cutoff, the court will usually dismiss a late case if the other side raises the deadline.

Two things people often assume are wrong:

• Talking to an insurance adjuster does not stop the clock. An adjuster can take months to respond while the time runs.
• Being treated for your injuries does not stop the clock either. Treatment can continue long after the filing deadline.

When the clock starts

In a typical crash, fall or similar accident, the clock generally starts on the date the incident happened. Some injuries are discovered later, and in some situations the law treats the start date differently. Those exceptions are narrow and fact-specific, so do not plan around one without legal advice.

For a death claim, the period generally runs from the date of death. Only a personal representative of the estate can file the suit for the survivors, so the estate usually needs to be opened first. That step can take time on its own.

The date that changed the rules: March 24, 2023

Florida shortened the negligence deadline for incidents after March 24, 2023. If your incident was on or before that date, the longer deadline that applied before the change may still govern your case. The date of the incident is what matters, not the date you hire a lawyer or file a claim.

Shorter deadlines inside the two years

The two-year lawsuit deadline is only the outer edge. Several earlier deadlines can shape the value of a claim.

1. Reporting the crash. A driver in a crash involving injury, death, or apparent property damage of $2,000 or more must notify the police, sheriff, or Highway Patrol immediately (Fla. Stat. § 316.065).
2. PIP treatment within 14 days. The 80% medical benefit under Florida's no-fault law generally requires initial care within 14 days of the crash (Fla. Stat. § 627.736). See our guide to Florida PIP.
3. PIP payment windows. Insurers generally have 30 days after written notice of a covered loss to pay. If they do not, a written demand letter is required before suing the insurer, and it gives them 30 more days.
4. Policy notice requirements. Your own policy can require prompt notice of an accident and cooperation. Read the notice section of your policy.
5. Evidence windows. Video, vehicle data and trucking records are often overwritten or discarded on a schedule that has nothing to do with the legal deadline.

Claims involving a government body

If a city, county, state agency or public transit operator may share responsibility, for example for a dangerous road condition or a public vehicle, special notice requirements and different timelines can apply. They can be shorter than ordinary negligence rules. If a public body is involved in any way, speak with an attorney promptly.

Other situations that change the analysis

• Minors. Special rules can affect when the time limit runs when the injured person is a child.
• Medical negligence. Claims against health care providers follow their own deadlines.
• Contracts and insurance disputes. A claim against your own insurer for unpaid benefits is a different claim with different time periods than a negligence suit.
• Wrongful death. The survivors' claim has its own structure and its own filing party, as noted above.

We list these not so you can calculate your own deadline, but so you recognize when a standard two-year answer may not be the whole story.

Which court, and why it matters for planning

Besides the deadline, you will need to know where to file. For cases filed on or after January 1, 2023, Florida county courts hear civil claims up to $50,000, excluding interest, costs and attorney fees; larger claims are heard in circuit court (Fla. Stat. § 34.01). That affects strategy, timing and cost, so it is worth discussing before you file.

A practical timeline

• Day of the incident: get safe, call 911, report the crash if the law requires it, photograph the scene.
• Within 14 days: see a qualifying medical provider if you were in a car crash.
• Within the first weeks: give prompt written notice to your own insurer; start keeping a file of bills and pay records; send preservation requests if a business or trucking company may hold video or records.
• Months one to six: follow your treatment plan and keep appointments; do not accept a quick settlement before you understand your medical outlook.
• Before month 18: have a lawyer calendar the filing date and prepare to file if settlement talks have not produced a fair offer. Aim to be ready well before the last day.

Protecting your claim while you decide what to do

You do not have to hire anyone on the first day, but a few low-cost habits keep your options open.

• Write down the date, time and place of the incident today and keep that note with your records.
• Keep every document you receive from an insurer, a medical provider or an employer, and note the date it arrived.
• Save photos, messages and receipts in one folder with a backup.
• Do not sign a release or accept a check marked as full and final payment until you understand what you are giving up.
• Put the filing deadline in your calendar with reminders at six months, three months and one month before it. A lawyer will do the same, but the reminder is yours too.

If you are close to a deadline, or you are not sure what it is, tell the lawyer at the start of your first call. That changes how quickly the work needs to happen.

How we can help

If you are unsure whether your claim is still open, a free, confidential consultation will answer that first. Rodriguez & Williamson, PLLC meets clients in Tampa, Orlando and Miami, in English or Spanish, and handles qualifying personal injury matters on a contingency-fee basis, which means attorney fees are not collected unless there is a recovery. Start with the service that fits: personal injury, car accidents, motorcycle accidents, truck accidents, or slip and fall.

General information, not legal advice. Reading this page does not create an attorney-client relationship, and every case depends on its own facts. For qualifying personal injury matters the firm works on a contingency-fee basis, so attorney fees are not collected unless there is a recovery. Last updated: 2026-10-16.

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