How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837

For sixty years, the answer to “how long do I have?” in a Florida negligence case was four years. On March 24, 2023, the Legislature cut it in half. Since I have watched more than one good claim die on a deadline over the decades, this is worth stating plainly.

What changed in 2023?

House Bill 837 (Chapter 2023-15, Laws of Florida) amended Fla. Stat. § 95.11 to move general negligence claims from the four-year category to the two-year category. The change applies to causes of action accruing after the effective date, March 24, 2023. A crash, fall, or other injury on or after that date has a two-year deadline; one before it keeps the old four years.

The same bill changed Florida’s comparative fault rule to modified comparative negligence (Fla. Stat. § 768.81(6)), under which a plaintiff more than 50% at fault recovers nothing. The two changes together mean that Florida injury claims are now both shorter and less forgiving than they were.

What does “two years” actually cover?

The clock runs from the date of the injury to the date a lawsuit is filed with the clerk of court, not the date you call a lawyer, not the date you open an insurance claim, and not the date negotiations start. Sending a demand letter does not stop it. An insurer’s promise to “keep working on it” does not stop it. Only a filed complaint does.

What are the exceptions and special deadlines?

Type of claim	Deadline	Source
Negligence (car, truck, motorcycle, fall, etc.), injury on/after March 24, 2023	2 years from injury	Fla. Stat. § 95.11
Negligence, injury before March 24, 2023	4 years from injury	prior § 95.11
Wrongful death	2 years from death	Fla. Stat. § 95.11
Medical malpractice	2 years from discovery; 4-year repose; up to 7 years for fraud/concealment; presuit required	Fla. Stat. § 95.11, § 766.106
Claims against a city, county, or state agency	Written notice to the agency and DFS, then a waiting period, before suit; damages capped	Fla. Stat. § 768.28(6)
Cruise ship passenger injury	Typically written notice within 6 months and suit within 1 year, per the ticket	46 U.S.C. § 30508
Uninsured motorist claim against your own insurer	Contract claim; longer, but the underlying evidence still decays	Fla. Stat. § 95.11
PIP benefits	Treatment within 14 days	Fla. Stat. § 627.736(1)(a)

The government notice rule catches people in Hialeah more than anywhere: a crash with a Miami-Dade Transit bus, a City of Hialeah truck, a fall in a county building or public school. The notice must be in writing, to the right agency and to the Department of Financial Services, and the case cannot be filed until the agency has had its investigation period.

Why the real deadline is much sooner than two years

Three reasons. First, evidence. Store surveillance video is overwritten in about 30 days; truck electronic logs in six months; witnesses move. Second, medical proof. PIP requires treatment within 14 days, and every insurer treats a gap in treatment as evidence you were not hurt. Third, preparation. A well-prepared case, with records collected, experts consulted, and a demand made and answered, takes months before it is ready to file. A lawyer who is hired in month 22 of 24 has very few options.

What Wolfson & Leon does with the deadline

At the first call we calculate every deadline that applies to your case, including the short ones people do not know about, and we tell you what they are in writing. If a deadline is close, we say so and act. If a claim cannot be saved because too much time has passed, we tell you that honestly rather than take a case that cannot be won. Call (305) 285-7071. The consultation is free, in English or Spanish.