Florida · Checked October 14, 2026
Florida personal injury law: how long you have to sue
In Florida, the general deadline to file a personal injury lawsuit is 2 years (Fla. Stat. § 95.11(5)(a)). Here are the deadlines for wrongful death and medical malpractice, the fault rule and the car insurance rules, each quoted from the state’s law.
Filing deadlines in Florida
| Type of claim | Deadline | What the law says | Law |
|---|---|---|---|
| Personal injury (negligence) | 2 years | An action founded on negligence must be brought within two years. | Fla. Stat. § 95.11(5)(a) |
| Wrongful death | 2 years | An action for wrongful death must be brought within two years. | Fla. Stat. § 95.11(5)(e) |
| Medical malpractice | 2 years, never later than 4 years after the incident | Within two years, and “in no event” later than four years from the incident or occurrence. | Fla. Stat. § 95.11(5)(c) |
The clock usually starts on the day of the injury (or the death), but exceptions can shorten or pause it, including claims against government bodies and claims by children. Do not wait until the last month: lawyers need time to investigate.
If you were partly at fault: Modified comparative fault (more than 50% bars recovery)
A party found greater than 50 percent at fault for their own harm may not recover any damages. This rule does not apply to medical negligence claims. Source: Fla. Stat. § 768.81(6).
Car accidents: No-fault (PIP)
Personal injury protection pays medical and disability benefits up to $10,000 regardless of fault. To get the medical benefits, you must get initial care within 14 days of the accident. Source: Fla. Stat. § 627.736.
What to do next
- Write down the date of the injury and count forward to your deadline.
- Keep medical records, photos, the police report and insurance letters.
- Talk to a Florida lawyer well before the deadline. Most injury lawyers work on contingency, so the first consultation is usually free.
Guides: car accidents · medical malpractice · wrongful death · other states
Frequently asked questions
What is the statute of limitations for personal injury in Florida?
2 years in most cases (Fla. Stat. § 95.11(5)(a)). Some claims, including those against government bodies, have different deadlines.
How long do you have to file a wrongful death claim in Florida?
2 years (Fla. Stat. § 95.11(5)(e)).
Can I recover if I was partly at fault in Florida?
A party found greater than 50 percent at fault for their own harm may not recover any damages. This rule does not apply to medical negligence claims.
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General information from Florida’s statutes and official sources, checked October 14, 2026. Laws change and exceptions apply; this is not legal advice. AmericanAttorneys.net is not a law firm.