What Is the Time Limit (Statute of Limitations) to File a Claim for a Construction Injury in Florida?

Third-Party Personal Injury Claims: 2 Years

Most construction-injury lawsuits are third-party negligence claims — against a subcontractor, general contractor, property owner, or equipment manufacturer, rather than your own employer. Under Florida Statute §95.11, as amended by HB 837, you have two years from the date of the accident to file that lawsuit (for accidents on or after March 24, 2023; the old limit was four years). If a website or adjuster tells you that you have four years, that information is outdated and dangerous.

For how these third-party claims work alongside workers' comp, see whether you can sue for a Florida construction accident.

Workers' Compensation Deadlines

Workers' comp has its own, earlier deadlines that are easy to miss:

• Report the injury to your employer within 30 days of the accident (or of discovering a work-related condition). Reporting late can bar benefits.
• File a petition for benefits within roughly two years of the accident or the date you knew (or should have known) the injury was work-related.

These run separately from the third-party lawsuit deadline — you may have both clocks going at once. For the first steps to protect both, see what to do immediately after a construction accident.

Public Projects & Government Defendants: Shorter Notice

If your injury involves a government entity — a public construction project, a city or county job site, or a state agency — a different rule applies. Under Florida Statute §768.28, you generally must serve a formal written notice of claim before suing, and sovereign-immunity caps limit damages ($200,000 per person / $300,000 per incident, absent a legislative claims bill). These pre-suit notice requirements come well before the two-year lawsuit deadline, which is why a government-related construction injury needs to be evaluated immediately.

Exceptions That Can Change the Deadline

A few situations can extend — or shorten — the standard deadline:

• Minors and legal incapacity may toll (pause) the limitations period in certain circumstances.
• Latent injuries that could not reasonably have been discovered right away can shift when the clock starts.
• Fraudulent concealment of a hazard by a defendant can extend the deadline.
• Wrongful death from a construction accident carries its own two-year deadline from the date of death (see our wrongful-death overview).

These exceptions are fact-specific and courts apply them narrowly — never assume one applies without legal advice.

Why Acting Early Matters as Much as the Deadline

The filing deadline is the outer limit, not the target. Long before two years runs, the evidence a construction case depends on — site conditions, the equipment involved, surveillance video, OSHA records, and witness memories — degrades or disappears. Getting a Fort Lauderdale construction accident lawyer involved early means preservation letters go out while that proof still exists. For our full range of practice areas, see our accident services hub.

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