How Long Do You Have to File a Personal Injury Claim in Florida?

If you were injured in Florida on or after March 24, 2023, you generally have two years from the date your claim accrues to file a negligence lawsuit. Florida’s 2023 tort reform reduced the Florida personal injury statute of limitations from four years to two years, and missing that deadline can mean losing the right to pursue compensation. At Simmons, Finney & Winfield, LLC’s Port St. Lucie office, Linnes Finney Jr., a Florida Bar Board Certified Civil Trial Lawyer, helps injured people understand the deadlines that may apply to their cases.

Deadlines are not always as simple as counting two years from an accident. The facts, the defendant, the type of injury, and when the injury was—or reasonably should have been—discovered can all matter. Prompt legal guidance can help protect a claim before a critical deadline passes.

What Florida’s 2023 Tort Reform Changed

On March 24, 2023, Florida’s civil-remedies legislation, commonly called HB 837, took effect. One of its most important changes for injured people was the reduction of the limitations period for negligence actions from four years to two years.

The change applies prospectively to negligence causes of action that accrued after the law’s March 24, 2023 effective date. That distinction matters. A person injured before that date may be subject to a different deadline, while a person injured on or after that date will generally face the newer two-year period. Never assume an older four-year rule applies simply because you have heard it mentioned before.

The General Two-Year Deadline Under Florida Statutes § 95.11

For most negligence-based injury cases, Florida Statutes § 95.11 requires a lawsuit to be commenced within two years. In everyday terms, that usually means the clock begins on the date of the accident or harmful event—not when an insurance company makes an offer and not when treatment is complete.

This deadline commonly applies to claims arising from:

Car, truck, motorcycle, bicycle, and pedestrian collisions;
Slip-and-fall incidents and other dangerous-property conditions;
Premises liability claims involving businesses, apartments, or private property;
Negligent security and other injuries caused by carelessness; and
Many other injuries resulting from another party’s negligence.

For people in Port St. Lucie, Fort Pierce, Tradition, and throughout St. Lucie County, the practical lesson is straightforward: start evaluating the claim as soon as possible. An insurance claim is not the same thing as filing a lawsuit, and ongoing negotiations do not automatically stop the statute of limitations from expiring.

Important Exceptions and Special Deadlines

Some injury-related claims have their own rules. The applicable deadline should be evaluated before relying on the general two-year period.

Wrongful death: A wrongful death action generally must be filed within two years of the date of death. This may differ from the date of the accident or event that caused the fatal injury, and the timing can be especially important when a loved one receives medical treatment before passing away.

Medical malpractice: A medical-negligence claim generally must be brought within two years of the incident, or within two years from when the injury was discovered—or should have been discovered through due diligence. Florida also generally imposes a four-year statute of repose, which can bar a claim even if discovery occurs later. Limited exceptions, including allegations involving fraud, concealment, or intentional misrepresentation, may alter the analysis. Medical-malpractice cases also require presuit investigation and notice procedures, so early action is essential.

Government entities: Claims involving a city, county, school board, state agency, or other government entity can require written presuit notice under Florida’s sovereign-immunity statute. The notice process has its own requirements and timing; it is not simply an ordinary personal injury deadline. Although the notice period is not always shorter than two years, waiting can still jeopardize compliance and delay the ability to sue. Claims involving public property, government vehicles, or other public agencies should be reviewed immediately.

Does the Discovery Rule Delay the Clock?

Sometimes an injury is not immediately apparent. A person may feel relatively well after a collision and later learn of a serious orthopedic injury, traumatic brain injury, or internal condition. However, Florida does not provide a universal discovery-rule extension for every ordinary negligence claim.

The discovery rule is particularly important in medical-malpractice cases, where the statute expressly addresses when an injury was discovered or reasonably should have been discovered. Other fact patterns can involve complex accrual questions, but a delayed diagnosis or delayed realization of the severity of an injury does not automatically give someone more time after a typical car crash or fall. A careful review of the facts is the safest approach.

Why You Should Act Well Before the Deadline

Meeting the statute of limitations is only one reason to act early. The strongest evidence may be available only in the first days or weeks after an injury. Surveillance video can be overwritten, damaged vehicles can be repaired or sold, accident scenes can change, and witnesses can become difficult to locate or may forget key details.

Early action also supports complete medical documentation. Consistent treatment records can help connect an injury to the incident, establish the course of recovery, and document the impact on work, mobility, and daily life. Simmons, Finney & Winfield, LLC works to identify the facts and documentation that may be important to a Personal Injury claim before evidence becomes harder to obtain.

Comparative Negligence After the 2023 Reform

Florida’s 2023 reform also changed how fault affects many negligence claims. Florida moved from pure comparative negligence to a modified comparative-negligence system. In most negligence actions, an injured person who is found to be more than 50% at fault cannot recover damages. If the injured person is 50% or less at fault, damages may be reduced by that person’s percentage of fault.

For example, if a jury values damages at $100,000 and finds the injured person 20% responsible, the recovery could be reduced to $80,000. But if the person is found 51% responsible, recovery may be barred under the modified system. There are important exceptions and case-specific issues, including the treatment of certain medical-negligence claims, so fault should be analyzed carefully rather than accepted at face value from an insurer.

Common Treasure Coast Injury Claims

On the Treasure Coast, personal injury claims often arise from crashes on busy local roads, falls at stores or residential communities, and unsafe conditions on commercial or private property. A collision in Port St. Lucie, a fall in Fort Pierce, or a premises-liability incident in Tradition can create medical, financial, and legal challenges quickly.

Linnes Finney Jr., Esq., a Florida Bar Board Certified Civil Trial Lawyer and former 64th President of the National Bar Association, brings trial-focused experience to evaluating serious claims. The team at Simmons, Finney & Winfield, LLC can help identify the applicable deadline, preserve evidence, and assess the next appropriate steps.

FAQ

How long do I have to sue after a car accident in Florida?

For most negligence claims that accrued on or after March 24, 2023, the general deadline is two years. Specific facts can affect when a claim accrues, so do not wait until the end of that period to seek advice.

Is the two-year deadline the same as an insurance deadline?

No. Insurance policies may require prompt reporting, cooperation, medical examinations, or other steps. Those requirements can arise much earlier than the deadline to file a lawsuit.

What if I did not know I was seriously hurt right away?

Seek medical attention and legal advice promptly. A late-discovered injury does not automatically extend the deadline for an ordinary negligence claim, though discovery rules can be important in certain types of cases.

Can I recover if I was partly at fault?

Possibly. In most negligence cases, recovery may be reduced by your share of fault, but recovery is generally barred if you are more than 50% at fault.

What should I do after an injury in St. Lucie County?

Get appropriate medical care, preserve photographs and records, avoid assuming the insurer will protect your interests, and speak with an attorney promptly about the facts and deadlines.

If you or a loved one has been injured in Port St. Lucie, Fort Pierce, or anywhere in St. Lucie County, do not wait. Contact Simmons, Finney & Winfield at (772) 873-5900 to speak with Linnes Finney Jr. The two-year clock generally starts the day of your injury.

This article provides general information, not legal advice. Deadlines and exceptions depend on the facts of each case.