Statute of limitations in Florida

Florida sets a two-year deadline for most negligence claims that cause personal injury. Under Fla. Stat. § 95.11(4)(a), a person harmed by another party's carelessness generally has two years from the date the claim accrues to file suit in a civil court. That window is the statute of limitations, and once it closes, a court can dismiss the case regardless of its underlying merits.

Not every claim shares the same period. A written contract dispute carries a longer window than a personal injury claim, while property damage sits in between. The chart on this page lists the general period for each claim type Florida recognizes, along with the exact statute that sets it. Reading the deadline that matches your situation is the starting point, because the figure for a given claim rarely applies to another.

The periods below reflect current Florida law. Because deadlines and their exceptions change, confirming the applicable period with a licensed Florida attorney is a sensible step before you rely on any single number.

A limitations period does not start on a fixed calendar date. It starts when the claim accrues, which in Florida usually means when the last element needed for the lawsuit exists. For many injury and property claims, that is the day the harm occurred. For a contract dispute, the clock often begins when a party breaches the agreement.

Some claims raise harder timing questions. A person may not know they were harmed right away, or may not connect an injury to its cause until later. Florida law addresses these situations through discovery principles, under which the clock can begin when the injured party knew or reasonably should have known of the harm. How that applies depends heavily on the claim type and the facts, and courts examine each situation closely.

Because accrual can be a genuine point of dispute, the safest approach is to treat the earliest plausible start date as the one that governs. Waiting on a more favorable reading of when the clock began can leave a claim filed too late.

Florida recognizes several situations that pause, or toll, a limitations period, and others that shift when it starts. When the injured person is a minor or is under a legal disability that prevents managing their affairs, the law may extend the time to sue, though specific limits still apply. These provisions exist so that a claim is not lost simply because the person holding it could not act.

A defendant who leaves the state or conceals their whereabouts can also affect the running of the clock, since a plaintiff cannot always locate the party they need to sue. Florida accounts for that in its tolling rules.

Claims against government bodies follow a separate track. Before suing a state agency, county, or city in Florida, a claimant generally must give formal notice within a defined window, and those requirements are strict. Because the figures and procedures for government claims and for tolling are technical and easy to misjudge, review the governing statute or consult a licensed Florida attorney rather than assume the ordinary period applies.

Personal injury claims arising from negligence fall under Fla. Stat. § 95.11(4)(a), with a two-year period. This category covers harm from accidents and other careless conduct. The period was reduced from four years to two years for negligence accruing on or after March 24, 2023, so the date of the incident matters when you identify the applicable rule.

Wrongful death claims are governed by Fla. Stat. § 95.11(4)(d) and carry a two-year period. These actions let certain survivors seek recovery after a death caused by another party's wrongful act. Medical malpractice claims fall under Fla. Stat. § 95.11(4)(b), also with a two-year period, covering injuries tied to professional care by physicians and other providers.

Property damage claims sit under Fla. Stat. § 95.11(3), with a four-year period, and cover harm to real or personal property. Contract claims split by form. A written contract falls under Fla. Stat. § 95.11(2)(b) with a five-year period, while an oral contract falls under Fla. Stat. § 95.11(3)(k) with a four-year period.

Fraud claims are governed by Fla. Stat. § 95.11(3)(j), with a four-year period, covering intentional misrepresentation that causes loss. Defamation, meaning libel or slander, falls under Fla. Stat. § 95.11(4)(g) and carries a two-year period.

Meeting a deadline starts with preserving what documents the claim. Keep medical records, bills, contracts, correspondence, photographs, receipts, and the names of anyone who witnessed the events. Records are easiest to gather while they are fresh, and gaps become harder to fill as time passes.

Next, confirm which period actually applies. The claim type controls the deadline, and a single set of facts can support several kinds of claim, each with its own window. Matching your situation to the correct statute above, and to the accrual date, tells you how much time remains.

Finally, give yourself margin. Filing takes preparation, and leaving room before the period ends avoids a last-minute scramble. A licensed Florida attorney can confirm the applicable period, evaluate any exceptions, and handle the filing. This page offers general legal information, not legal advice for your specific matter.