How Long Do You Have to File a Personal Injury Lawsuit? Statutes of Limitations Explained

Deadlines vary by state and by claim type. Example: in Florida, an action founded on negligence must generally be brought within 2 years ([Fla. Stat. § 95.11(5)(a)](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html), as of September 2026). Missing the deadline almost always ends the claim permanently, no matter how strong it is. The exact period depends on the state and the claim type: car accidents, medical malpractice, and claims against government entities frequently carry different deadlines within the same state, and government claims often require a formal notice within months, not years.

Florida: Two Years for Most Negligence Claims

In Florida, most personal injury claims based on negligence — such as car accidents, slip-and-falls and other everyday injury cases — must be filed within 2 years of the injury under [Fla. Stat. § 95.11(5)(a)](https://www.flsenate.gov/Laws/Statutes/2025/95.11). Florida shortened this period from four years to two in 2023, so older articles that cite four years no longer reflect current Florida law. Jurisdiction: Florida; as of September 2026.

Exceptions may apply — not legal advice. Claims against Florida state or local government entities require written notice before suit under [Fla. Stat. § 768.28(6)](https://www.flsenate.gov/Laws/Statutes/2025/768.28). Medical malpractice, wrongful death, claims involving minors, and injuries discovered later can follow different rules. Confirm the deadline for your specific claim with a Florida attorney.

Why the Clock Matters More Than People Think

Insurance negotiations do not pause the statute. Claimants who spend two years negotiating in good faith and then miss the filing deadline lose all leverage instantly — the insurer's incentive to pay anything disappears the day the statute runs. Experienced firms calendar the deadline on day one and file suit well before it if negotiations stall.

The Exceptions That Extend Deadlines

The discovery rule can start the clock when an injury was discovered rather than when it occurred (common in malpractice and toxic exposure). Deadlines are typically tolled for minors until adulthood. Defendants who leave the state can pause the clock. None of these should ever be relied on without counsel confirming they apply.

The Exceptions That Shorten Them

Claims against cities, counties, states, and public hospitals commonly require notice of claim within 60 days to a year, with strict content requirements. Wrongful death statutes run from the date of death and are often shorter than injury statutes. Contract-based claims (like uninsured motorist disputes) may follow contract deadlines.

The Practical Rule

Treat the earliest plausible deadline as the real one, and involve an attorney early enough that investigation — not the calendar — decides your case.

See also: [What Is a Statute of Limitations?](/legal-questions/personal-injury/what-is-a-statute-of-limitations)