Florida Personal Injury Laws and Statutes of Limitations

Florida's Statutes of Limitations for Personal Injury Lawsuits

A "statute of limitations" is a law that limits your time to file a lawsuit in court. Starting with Florida's two-year general rule, here are the filing deadlines that apply to the most common kinds of PI cases.

The General Rule: Two Years From the Date of Injury

Florida's personal injury general rule is found at Fla. Stat. § 95.11(4) (2024). You have two years to file most kinds of PI lawsuits in court. The clock usually starts running on the date you were injured. In some cases—like when you don't know right away you've been hurt—it might begin later, giving you more time to sue. (See "the discovery rule," below.)

These are some of the PI cases that are covered by Florida's two-year general rule.

Injuries caused by negligence. Most personal injuries happen when the defendant (the party you're suing) doesn't act as carefully as they should under the circumstances. The law calls this "negligence." Fla. Stat. § 95.11(4)(a) (2024) gives you two years to sue for these (and other) negligence-based claims:

• auto accidents (when you're allowed to sue under Florida's no-fault auto insurance law)
• slip-and-falls and other injuries on dangerous premises, and
• dog bites.

Medical malpractice cases. In a Florida medical malpractice lawsuit, you still have two years to file your case. But Florida's "discovery rule" applies. Instead of running from the date you were injured, the two-year medical malpractice filing deadline starts on the earlier of:

• the date you discover the medical malpractice, or
• the date you should have discovered it, had you been reasonably diligent to look for signs of an injury.

(Fla. Stat. § 95.11(4)(c) (2024).)

Wrongful death lawsuits. When personal injuries cause death, the victim's surviving relatives might decide to bring a wrongful death action. Under Fla. Stat. § 95.11(4)(e) (2024), the lawsuit must be filed within two years from the date of death.

(Learn more about Florida wrongful death lawsuits.)

Defamation of character. Fla. Stat. § 95.11(4)(h) (2024) puts a two-year deadline on lawsuits alleging defamation of character. This limitation period covers suits for slander (spoken defamation) and libel (written defamation).

(Here's more information about Florida defamation laws and lawsuits.)

Four-Year Filing Deadline for Intentional Injuries

Personal injuries sometimes result from intentional misconduct. When the defendant purposely or intentionally harms you, the law calls it an "intentional tort." You have four years to sue for these (and other) intentional torts:

• assault and battery
• false imprisonment, and
• malicious prosecution.

What If I Miss Florida's Personal Injury Filing Deadline?

If you don't file your PI lawsuit before the statute of limitations deadline expires, and if no extension is available, your claim is legally dead. There's nothing you can do to bring it back to life. File a lawsuit and the court will dismiss it. Worse still, the court might sanction (penalize) you for filing a frivolous case.

Make sure you're absolutely certain about the lawsuit filing deadline in your case. If you aren't, contact a Florida lawyer right away.

Can Florida's Personal Injury Statute of Limitations Deadline Be Extended?

In limited circumstances, yes, Florida law allows the filing deadline to be extended. Here are a few examples.

The discovery rule. In most cases, the statute of limitations clock starts running on the date you were injured. But what if you don't know right away that you've been hurt? Your filing time could be ticking away while you're unaware that you have a possible claim. That's not fair.

To address this situation, Florida has adopted the "discovery rule." When you don't know you've been hurt, and there's no way you could discover your injury even if you were reasonably careful to look for signs and symptoms, this rule might give you more time to file. Instead of running from the date you were injured, the clock starts on the earlier of:

• the date you discovered your injury, or
• the date you should have discovered it, had you been reasonably careful.

Note, importantly, that the discovery rule doesn't apply in all cases. Before you rely on it, talk to a Florida personal injury lawyer.

Defendant leaves Florida or goes into hiding. When the defendant leaves Florida or goes into hiding to prevent you from suing them, Florida law might give you some relief. The statute of limitations doesn't run as to a defendant who:

• is absent from Florida
• assumes a new name you're unaware of, or
• goes into hiding while in the state.

If you can arrange to have the defendant served with your lawsuit, this exception won't apply.

(Fla. Stat. § 95.051(1)(a)-(c) (2024).)

Injured person is legally disabled. Legally disabled persons—minors and those who've been found "insane" by a court—usually get more time to file a personal injury lawsuit. But the filing deadline can't be extended by more than seven years from the date of injury. (Fla. Stat. § 95.051(1)(d), (i) (2024).)