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Florida Personal Injury Filing Deadlines

Published · Updated · Author: EJ | LAW

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Deadlines to file a lawsuit in Florida are set by statute, and section 95.11 of the Florida Statutes is where most people start reading. This guide explains what that statute generally addresses and why the answer to "how long do I have?" is rarely a single number.

This page does not calculate a deadline, does not tell you when any period started or ended, and does not conclude that any claim is still available. Those questions turn on facts and law that only a licensed attorney reviewing your situation can address.

Where the deadline comes from

In Florida, the time limits for filing civil actions are set out in chapter 95 of the Florida Statutes, and section 95.11 lists limitation periods by type of action. It is a statute, not a rule of thumb, and the category an action falls into is what determines the period listed.

Courts apply these statutes strictly. That is why the practical advice most people hear is the same regardless of the details: find out early which period applies rather than assuming.

The general two-year period many people read about

Section 95.11 provides a general two-year limitation period for many negligence actions in Florida. Wrongful death actions also appear in the statute with a two-year period. Those two facts are what most summaries repeat, and they are accurate as far as they go.

What summaries usually leave out is that the statute contains multiple categories, that different categories carry different periods, and that the period listed for a category is only part of the analysis.

  • Many negligence actions are listed with a general two-year period under 95.11.
  • Wrongful death also appears with a two-year period.
  • Other categories in the statute carry different periods.
  • The listed period is not the same thing as a date on a calendar.

Why the start date is its own question

A limitation period has to start somewhere, and the start date is not always the date of the incident. Florida law addresses when a cause of action is considered to accrue, and the answer can differ by the type of claim and the facts involved.

Because of that, two people describing what sounds like the same accident can face different dates. This guide will not attempt to pick a start date for anyone.

  • The date an action accrues is a legal question, not an assumption.
  • Accrual rules can differ by category of claim.
  • Facts that seem minor can affect the analysis.
  • Nothing on this page should be used to count days.

Who the defendant is can change the analysis

The identity of the party being sued matters. Claims involving government entities, for example, are subject to separate statutory requirements that exist independently of the periods listed in 95.11, including notice requirements in other statutes.

Claims that involve multiple potentially responsible parties can therefore involve more than one set of requirements at the same time. That is one reason people are encouraged to get individual advice rather than rely on a general period.

  • Government-related claims involve separate statutory requirements.
  • Commercial, employer or property-related claims may add other considerations.
  • Multiple parties can mean multiple sets of requirements.
  • Identifying the correct parties is part of the analysis, not a detail.

Exceptions exist, and they are not interchangeable

Florida statutes describe circumstances that can affect limitation periods, and the statutes themselves set out how and when those circumstances apply. Whether anything of that kind applies to a particular situation is a legal determination.

The reason this guide does not list exceptions as a checklist is that reading a list and applying it are different activities. An exception that appears to fit a situation may not, and relying on that impression can be costly.

Clearly labeled hypothetical examples

The following are hypothetical illustrations only. They are invented for explanation, they are not case results, they are not predictions, and they are not advice about any real situation.

  • Hypothetical A: Two people are hurt in the same collision, but one learns about an injury much later. Whether that difference affects anything under Florida law is a legal question about accrual, not something either person can settle by reading a summary.
  • Hypothetical B: A person believes a claim involves a private business, then learns a government entity may be involved. Additional statutory requirements could come into play, which is why the parties matter as much as the calendar.
  • Hypothetical C: A family considers a wrongful death action and reads that the period is two years. The statute lists that period, but who may bring the action and when it began are separate questions the statute and case law address.
  • Hypothetical D: Someone waits to look into a claim because the general period sounds long. Waiting can shrink the time available to locate records, witnesses and video before they are gone, regardless of any filing date.

Why keeping dates and documents matters early

Even when a filing period has not been reached, evidence has its own timeline. Video is overwritten, businesses change hands, witnesses move, and memories fade. Preserving what exists is often easier the earlier it is done.

  • Write down the date, time and location of the incident while it is fresh.
  • Keep the crash or incident report, claim numbers and insurer correspondence.
  • Save medical records, bills, referrals and appointment dates.
  • Back up photos and video, including anything sent by others.
  • Note witness names and contact information and where cameras may have been.
  • Keep records of missed work and out-of-pocket costs, with dates.

Why individual advice sooner is the practical takeaway

A licensed attorney reviewing your own facts can identify which statutory period applies, what the start date question looks like, whether additional requirements exist because of who is involved, and what needs to be preserved now.

No one can promise a result, and this guide does not attempt to tell you whether any claim of yours is available. It does suggest that the cost of asking early is usually low and the cost of assuming can be permanent.

Common questions about Florida deadlines

Official source referenced on this page

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