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Florida Personal Injury Statute of Limitations (2026 Update — HB 837)
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Florida Personal Injury Statute of Limitations
What HB 837 Changed (And When)
Florida's personal injury statute of limitations used to be 4 years for most negligence cases. That changed on March 24, 2023, when Governor Ron DeSantis signed HB 837 — a sweeping tort reform law — into effect.
The new rule: 2 years from the date of injury for almost all personal injury claims arising on or after March 24, 2023. Claims that arose before that date are still governed by the old 4-year deadline.
This is one of the most aggressive injury filing deadlines in the United States. Most states give victims 3-6 years; Florida now gives just 2.
Filing Deadlines by Case Type (2026)
| Type of Claim | Deadline | Statute |
|---|---|---|
| Car accident / negligence | 2 years | Fla. Stat. § 95.11(4)(a) |
| Slip and fall / premises liability | 2 years | Fla. Stat. § 95.11(4)(a) |
| Uber / Lyft rideshare | 2 years | Fla. Stat. § 95.11(4)(a) |
| Truck accident | 2 years | Fla. Stat. § 95.11(4)(a) |
| Motorcycle / bicycle / pedestrian | 2 years | Fla. Stat. § 95.11(4)(a) |
| Medical malpractice | 2 years | Fla. Stat. § 95.11(4)(b) |
| Product liability | 4 years | Fla. Stat. § 95.11(3)(e) |
| Wrongful death | 2 years | Fla. Stat. § 95.11(4)(d) |
| Cruise ship injury (maritime) | 1 year | 46 U.S.C. § 30527 + cruise ticket |
| Cruise — written notice required | 6 months | Cruise ticket contract |
| Claim against state/county/city | 3 years (notice required) | Fla. Stat. § 768.28 |
Important Exceptions to the 2-Year Rule
Discovery rule for hidden injuries
The clock starts when the injury was discovered — or should have been discovered with reasonable diligence — not necessarily the date of the accident. This matters most in medical malpractice and toxic exposure cases where the harm isn't immediately obvious.
Minors
If the injured person is a minor, the statute of limitations is generally tolled (paused) until the minor turns 18. Once they turn 18, the 2-year clock starts. However, parents can file on behalf of a minor at any time before the deadline.
Mentally incapacitated victims
Florida law tolls the statute of limitations for individuals declared mentally incapacitated. The clock resumes when capacity is restored.
Defendant left the state
If the at-fault party physically leaves Florida and concealed their whereabouts, the time they were absent does not count toward the 2-year deadline.
What Happens If You Miss the Deadline
If you file a lawsuit even one day after the statute of limitations expires, the defendant will move to dismiss the case — and the court will grant that motion. No exceptions, no extensions, no judge will hear your story. The claim is dead forever.
Even worse: insurance companies know the deadline and use delay tactics to push you past it. We have seen adjusters string victims along with "we're still reviewing" emails for 22 months — then refuse to settle and dare them to sue with only weeks to find an attorney and prepare a complaint.
Why You Should Call a Florida Injury Attorney Now
The shortened 2-year deadline means evidence disappears faster, witnesses forget sooner, and insurance companies have less pressure to settle fairly. Calling an attorney within the first 30-90 days after an injury gives your case the best chance because:
- Evidence (skid marks, surveillance video, vehicle damage) can be preserved before it's gone
- Witnesses can be located and interviewed while memories are fresh
- Insurance notices can be sent immediately to lock in coverage
- Medical treatment can be properly documented for case-value purposes
- Negotiations can begin early — leaving plenty of runway before the filing deadline
Key Takeaways
- Florida personal injury statute of limitations is 2 years from the date of injury (HB 837, March 2023)
- Cruise ship cases have a shorter 1-year deadline and a 6-month notice requirement
- Medical malpractice and wrongful death are also 2 years; product liability is still 4 years
- Claims against government entities require advance notice within 3 years
- Tolling exceptions apply for minors, incapacity, and absent defendants
- Miss the deadline and you lose the right to sue forever — no exceptions
Frequently Asked Questions
What is the statute of limitations for personal injury in Florida?
Two years from the date of injury for most negligence claims, under HB 837 (effective March 24, 2023). This applies to car accidents, slip and falls, rideshare crashes, truck accidents, motorcycle accidents, and medical malpractice. Cruise ship cases are 1 year. Product liability is 4 years.
Did Florida change the statute of limitations recently?
Yes. On March 24, 2023, Florida shortened the personal injury statute of limitations from 4 years to 2 years when Governor DeSantis signed HB 837. Claims arising before that date are still subject to the old 4-year deadline.
How long do I have to sue for medical malpractice in Florida?
Generally 2 years from the date the malpractice was discovered or should have been discovered, with an absolute 4-year ceiling (the "statute of repose"). Cases involving fraud, concealment, or minors have different rules. Fla. Stat. § 95.11(4)(b).
What's the deadline for cruise ship injury claims?
One year to file suit, with a 6-month written notice requirement. Both deadlines are set by maritime law and your cruise ticket contract. The court of jurisdiction is usually also fixed by the ticket (typically Miami for Carnival, Royal Caribbean, and Norwegian).
Is the deadline different for minors?
Yes. The statute of limitations is tolled while the injured person is under 18. Parents or guardians can file on behalf of the minor at any time, but the clock doesn't start ticking against the minor personally until they turn 18.
Can I still sue if more than 2 years have passed?
Almost never. The court will dismiss your case unless a recognized tolling exception applies (discovery of hidden injury, minor status, mental incapacity, or absent defendant). Even partial delays of weeks or months matter — file as soon as possible.
What is the statute of limitations for wrongful death in Florida?
Two years from the date of death under Fla. Stat. § 95.11(4)(d). The deadline runs from the death itself, not from the original injury that caused it. Wrongful death claims can only be filed by the personal representative of the deceased's estate.
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