Before Brian Elstein opened this firm, he worked the other side of injury cases, defending insurance companies and watching how they treat claimants who wait too long to act. That background is why the firm is careful about one number many Florida injury websites still get wrong. For most personal injury claims, the deadline to file is now two years from the date of injury, not four.
A lot of pages you will find online still list the old four-year figure, and you should not rely on it. A missed filing deadline can end even a strong case before a judge looks at the facts, so the correct number is the one that protects your claim. If you were hurt in Miami-Dade or elsewhere in South Florida and are not sure how long you have, talk with former insurance defense lawyer Brian Elstein before the clock runs out.
How long you have to file an injury claim in Florida (the two-year rule)
For most negligence-based injury claims, Florida gives you two years from the date of the injury to file a lawsuit. That includes the cases this firm handles most, from car and truck crashes to slip-and-fall injuries. The rule sits in Fla. Stat. § 95.11.
Miss it and the defendant will move to dismiss, and courts grant that motion in nearly every case, regardless of how clear the other side’s fault was. A Miami car accident lawyer will ask about your injury date early for this reason, because the calendar can matter as much as the evidence.
Why the deadline changed: HB 837 (four years to two)
The deadline used to be four years. It changed on March 24, 2023, when House Bill 837 took effect and cut the limitations period for most negligence actions to two years. The same law brought Florida’s modified comparative fault rule, which bars recovery for anyone found more than 50 percent at fault under § 768.81.
One wrinkle matters here. HB 837 applies to claims that arose on or after its effective date. If your injury happened before March 24, 2023, the older four-year window may still govern your case, which is a fact-specific question worth confirming with a lawyer rather than assuming either way.
Deadlines by case type
Not every claim runs on the two-year clock. The common deadlines break down as follows, and you can see the matters the firm handles on our practice areas page.
| Type of claim | Deadline to file | Statute |
|---|---|---|
| Most negligence claims (car, truck, motorcycle, pedestrian, bicycle, slip-and-fall) | 2 years from the injury | § 95.11 |
| Wrongful death | 2 years | § 95.11 / § 768.19 |
| Medical malpractice | 2 years from discovery, with a 4-year statute of repose | § 95.11(4), § 766.106 |
| Product liability (strict liability) | 4 years | § 95.11(3)(d) |
| Claim against a government entity | Written notice generally within 3 years (2 for wrongful death) | § 768.28 |
Two of these deserve a closer note. Product liability claims built on strict liability carry a four-year deadline under § 95.11(3)(d), so do not assume the two-year rule applies to a defective-product case. Medical malpractice runs two years from when you discovered, or reasonably should have discovered, the injury, with an outer four-year statute of repose and a 90-day pre-suit notice requirement under § 766.106.
Claims against a government entity are different
Suing a government entity such as a city or a state agency follows its own track under Fla. Stat. § 768.28. Before you can file suit, you generally have to deliver written notice of the claim to the agency involved, and in most cases to the Florida Department of Financial Services, within three years of when the claim arose. For a wrongful death claim, that notice window is shorter, two years. The state then has a 180-day period to investigate before a lawsuit can move forward.
Florida also caps what you can recover from a government defendant. Recovery is limited to $200,000 per person and $300,000 per incident, and collecting anything above those caps requires a separate claims bill passed by the Legislature. These procedural steps are strict, and a missed notice deadline can end the claim on its own, so government cases call for early legal help.
Narrow exceptions that can pause the clock
A few situations extend or pause the limitations period, but they are narrow and fact-specific. The clock can be tolled while an injured person is a minor or legally incapacitated. Medical malpractice uses a discovery rule, so the two-year period can start when the harm was found rather than when it happened, subject to the four-year repose. Fraudulent concealment by the defendant can also affect timing. None of these are safe to count on without legal advice, because courts read the exceptions narrowly and the burden is on you to show one applies.
What happens if you miss the deadline (and why to act early)
Miss the deadline and the consequence is blunt. The court will almost certainly dismiss the case, and you lose the right to recover no matter how badly you were hurt or how clearly someone else was at fault. Insurance companies track these dates closely, which is part of why the firm’s insurance-defense experience is useful on your side of the table.
Acting early does more than protect the deadline. Evidence is easier to preserve and witnesses are easier to find while a claim is fresh, and medical records line up more cleanly with a recent injury. If you were injured in South Florida, you can start with a free case evaluation at no cost. Call (305) 299-2835 or request a review through the firm’s free case evaluation page. You owe nothing unless the firm recovers for you.
Frequently Asked Questions
Q: How long do I have to file a personal injury claim in Florida?
A: For most negligence claims the deadline is two years from the date of injury, under Fla. Stat. § 95.11. Some claim types run on different clocks, so confirm your specific deadline with a lawyer.
Q: Did the deadline change recently?
A: Yes. House Bill 837 took effect on March 24, 2023 and reduced the limitations period for most negligence actions from four years to two. Many websites still show the old four-year figure.
Q: Is it different for wrongful death?
A: A wrongful death claim generally must be filed within two years, under the § 95.11 and § 768.19 framework.
Q: What about product liability?
A: A product liability claim based on strict liability generally carries a four-year deadline under § 95.11(3)(d), not two. Do not assume the two-year rule applies to a defective-product case.
Q: What about medical malpractice?
A: Medical malpractice generally runs two years from when the injury was discovered or should have been discovered, with an outer four-year statute of repose and a 90-day pre-suit notice requirement under § 766.106.
Q: What if my claim is against a city or the state?
A: Claims against a government entity fall under Fla. Stat. § 768.28. You usually must give written notice within three years (two for wrongful death) before filing, and recovery is capped by statute, so get legal help early.
Q: What happens if I miss the deadline?
A: The court will almost always dismiss a late claim, which means you lose the right to recover regardless of how strong the case was. That is why the injury date matters so much.
