Florida Statute of Limitations: Deadlines for Injury Claims

What Is the Statute of Limitations?

The statute of limitations is the deadline by which a lawsuit must be filed. In Florida, once the deadline passes, the right to recover is permanently extinguished, no matter how strong the case or how severe the injury. Understanding the applicable deadline is one of the most important aspects of any injury claim.

Deadlines for Common Florida Claims

• Personal injury: two years from the date of the injury
• Wrongful death: two years from the date of death
• Property damage: four years
• Medical malpractice: two years from discovery, maximum four years from the incident
• Claims against government entities: usually much shorter, often months

The Discovery Rule

In some cases, the injury is not discovered immediately. Florida applies a discovery rule for certain claims, such as medical malpractice and latent diseases, meaning the clock starts when the injury was, or should have been, discovered. However, the discovery rule has its own outer limits, and courts interpret it strictly.

Special Rules for Government Claims

Claims against Florida government entities, including cities and counties, carry dramatically shorter deadlines and require a formal notice of claim. A slip-and-fall on a city sidewalk may require notice within months, not years. These claims are a trap for the unrepresented.

Why You Should Not Wait

Beyond the legal deadline, evidence deteriorates with time. Witnesses forget details, surveillance footage is overwritten, and medical records become harder to obtain. Acting promptly preserves evidence, secures expert testimony, and gives your attorney the time needed to build a complete case.

The Risk of Waiting Until the Last Minute

Some victims know the two-year deadline and file close to it, only to discover that settlement negotiations need more time or that a lawsuit requires additional steps. Leave room for the unexpected. If you have been seriously injured, consult an attorney well before any deadline approaches.