How long do you have to sue after an injury in Florida?
Last checked November 8, 2026
In Florida you generally have 2 years from the date of your injury to file a lawsuit, under Fla. Stat. § 95.11(5)(a). If a city, county or the state is responsible, the deadline can be much shorter: 3 years to present written claim.
Calculate your deadline
Your general deadline would be
This is a general estimate. Exceptions can change it. We do not need your details to show it.
Florida injury deadlines at a glance
| Situation | Deadline | Law |
|---|---|---|
| Most injuries, including car accidents | 2 years | Fla. Stat. § 95.11(5)(a) |
| Wrongful death | 2 years | Fla. Stat. § 95.11(5)(e) |
| Claim against the government (State, agencies and subdivisions; not a substitute for the suit deadline) | 3 years to present written claim | Fla. Stat. § 768.28(6)(a) |
What the law says
“(5) WITHIN TWO YEARS. - (a) An action founded on negligence.”
Fla. Stat. § 95.11(5)(a)
“presents such claim in writing to the Department of Financial Services, within 3 years after such claim accrues”
Fla. Stat. § 768.28(6)(a)
When does the clock start?
Usually on the day you were hurt. In Florida, Fla. Stat. § 95.11(5)(a) sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.
What does not stop the clock
Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.
What happens if you miss it?
Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.
Other states with the same deadline
Sources
- Fla. Stat. § 95.11(5)(a), Official text, 2026-11-08
- Fla. Stat. § 95.11(5)(e), Official text, 2026-11-08
- Fla. Stat. § 768.28(6)(a), Official text, 2026-11-08