Florida Statute of Limitations for Car Accidents and Injuries

By Ray Tolu Last verified October 12, 2026 Florida Statutes §§95.11, 768.28

Quick answer: For a car accident, slip and fall, or other negligence claim that arose on or after March 24, 2023, Florida gives you 2 years to sue (§95.11(5)(a)). Before that date, the limit was 4 years. Florida's 2023 tort reform law, HB 837, made the change.

Claims against the state or a local government follow different rules: a written claim within 3 years, and a lawsuit within 4 years (§768.28).

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Find your filing deadline

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Don't wait for the last day. Weekends, court holidays, and exceptions can change the exact date.

Florida's main injury deadlines

SituationDeadlineLaw
Negligence (car accident, slip and fall), arose on or after Mar 24, 20232 years§95.11(5)(a)
Negligence, arose before Mar 24, 20234 years (old rule)§95.11 before HB 837
Wrongful death2 years§95.11(5)(e)
Medical malpractice2 years, with a 4-year outer limit (exceptions for minors)§95.11(5)(c)
Written claim against the state or a local government3 years from accrual§768.28(6)(a)
Lawsuit against the state or a local government4 years from accrual§768.28(14)
Source: Florida Statutes (2025 edition numbering).

What changed in 2023

HB 837 took effect March 24, 2023, and cut the time to bring a negligence lawsuit from four years to two. Most car accident and premises injury cases are negligence claims, so this is the deadline most people in Florida now face.

Commentary on the law describes the new two-year rule as applying to claims that arose after the effective date, but not every summary words it the same way. If your accident happened before March 24, 2023, have a lawyer confirm which rule applies. Even under the old four-year rule, those claims run out by March 2027.

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Claims against the state, counties, and cities

Under §768.28(6)(a), you can't sue the state or one of its agencies or subdivisions unless you first present the claim in writing to the agency within 3 years. For claims against the state, but not a city or county, you also send it to the Department of Financial Services. For a wrongful death claim, the claim goes to the Department of Financial Services within 2 years. The lawsuit itself must be filed within 4 years under §768.28(14), except wrongful death and medical malpractice, which use the §95.11 deadlines.

Common questions

I was in a Florida car accident in 2024. How long do I have?

Two years from the date of the accident for a negligence lawsuit. Florida is also a no-fault state, so your own PIP coverage pays first. See no-fault vs. at-fault states.

Does the deadline also apply to property damage?

It isn't settled. Section 95.11 still lists a separate four-year period for injury to personal property, and lawyers have pointed out the conflict with the new two-year negligence rule. The cautious approach is to treat a negligence-based property damage claim as having two years.

Is a workers' comp claim the same deadline?

No. For a job injury you must tell your employer within 30 days (§440.185). See the Florida workers' comp calculator.

Sources

Ray Tolu builds the tools on InjuryByState and checks every number and deadline against the law or agency that sets it. He is not a lawyer. Read how we check our information in the editorial policy.

This tool estimates general filing deadlines under Florida law. It is not legal advice. Exceptions can shorten or extend your deadline. If your date is close, talk to a Florida attorney right away.