How Long Must I File A Personal Injury Claim In Florida?

In Florida, the time limit for filing a personal injury claim—known as the statute of limitations—varies depending on the type of injury or claim. For most personal injury cases, the timeframe is:

Personal Injury Claims: Two Years

For typical personal injury claims (such as car accidents, slip and falls, and other negligence-based injuries), you have two years from the date of the injury to file a lawsuit in Florida.
This deadline applies to claims where you’re seeking compensation for injuries caused by another person’s negligence.

Medical Malpractice Claims: Two Years

For medical malpractice claims, the statute of limitations is two years from the date of the injury or from the date the injury was discovered (or should have been discovered) due to medical negligence.
There is also a statute of repose, which generally bars any claims filed more than four years from the date of the malpractice, even if the injury was discovered later, with limited exceptions.

Wrongful Death Claims: Two Years

For wrongful death claims, Florida requires that the lawsuit be filed within two years from the date of death.

Exceptions and Special Circumstances

Delayed Discovery: In cases where the injury or harm was not immediately apparent, the statute of limitations may begin when the injury is discovered.
Minor Victims: If the injured party is a minor, the statute of limitations may be extended in certain cases until the minor reaches 18.
Tolling for Defendants’ Actions: If the defendant left the state or attempted to avoid legal action, the statute of limitations may be paused temporarily.