Florida Statute of Limitations for Injury Claims
Quick Answer
Most Florida negligence claims accruing on or after March 24, 2023 must be filed within two years. Wrongful death is two years from death, medical malpractice is two years from discovery with a four-year repose, and government claims require pre-suit notice within three years.
Key Takeaways
- Two years is the general negligence deadline; older claims may have four.
- Government defendants require written notice before suit.
- Missing the deadline generally ends the claim permanently.
Why the Deadline Is Not the Real Deadline
Evidence disappears long before the limitations period runs. Surveillance video may be overwritten in two weeks, trucking data within months, and witness memories fade quickly. Waiting until year two forfeits the strongest proof.
Tolling and Exceptions
Limited exceptions exist for minors, incapacity, fraudulent concealment, and defendants who leave the state. These are narrow and should never be assumed without legal analysis.