InjuryFlorida's personal injury statute of limitations is now 2 years from the date of injury — but if you've read anything about Florida deadlines from before 2023, it's likely outdated. This is one of the most significant recent legal changes affecting personal injury claimants in the country.
A Major 2023 Law Change: 4 Years Down to 2
On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 (codified at Fla. Stat. §95.11) into law, cutting the general negligence statute of limitations for personal injury claims from four years down to two years. The new two-year deadline applies to any cause of action accruing on or after March 24, 2023. Injuries that occurred before that date generally remain subject to the prior four-year deadline.
⚠️ Many articles, forum posts, and even some older attorney websites online still cite Florida's "4-year" statute of limitations — that information is now outdated for injuries occurring after March 24, 2023. Always confirm which deadline applies to your specific accident date.
Modified Comparative Fault: Also Changed in 2023
HB 837 didn't stop at the filing deadline — it also moved Florida from pure comparative fault to modified comparative fault with a 51% bar. If you're found 51% or more at fault for your own injury under the new rule, you cannot recover damages at all, a meaningful change from Florida's prior, more claimant-friendly system.
What the 51% Bar Looks Like in Dollars
To make that shift concrete, here's an illustrative — not a real case — scenario using the same multiplier method described on our settlement calculator: a claimant with $18,000 in medical bills and $6,000 in lost wages from a moderate injury, valued with a 3× pain-and-suffering multiplier.
Before HB 837, this same claimant would have recovered a reduced award under pure comparative fault even at 55% at fault. Under the current rule, that identical 55%-at-fault finding reduces the claim to $0 instead — one of the most consequential practical effects of the 2023 reform.
Not Every Claim Type Follows the Same Clock
"2 years" is the default, but Florida carves out different rules for a few common claim types:
| Claim Type | Deadline | Clock Starts |
|---|---|---|
| Standard negligence | 2 years | Date of injury |
| Injured minor | 2 years, tolled | Runs from the minor's 18th birthday |
| Wrongful death | 2 years | Date of death (not the accident) |
| Medical malpractice | 2 years + 4-year repose | Date of discovery, capped 4 years from the incident |
Under Fla. Stat. §95.051, a minor's 2-year window is generally tolled until they turn 18 — so a child injured at age 10 has until age 20 to file. Wrongful death claims run a separate 2-year clock from the date of death, which can fall well after the underlying injury if the victim survived for a period before passing. Medical malpractice claims add a mandatory 90-day pre-suit investigation period, during which the statute of limitations is tolled.
Why This Change Matters So Much
Because the 2023 reform cut the standard deadline in half, claimants who assumed they had years to decide whether to pursue a claim may find their window has already closed much sooner than they expected. Confirming your accident date against the March 24, 2023 cutoff — and which claim-type rules apply — is one of the first things worth checking in any Florida personal injury matter.
How Florida Compares to Other High-Traffic States
| State | Filing Deadline | Fault Rule | Notable Feature |
|---|---|---|---|
| Florida | 2 years (since Mar. 2023) | Modified comparative (51% bar) | Cut from 4 years to 2 years by HB 837 |
| California | 2 years | Pure comparative fault | Recovery allowed even at 99% fault |
| Texas | 2 years | Modified comparative (51% bar) | 15-year statute of repose for product claims |
| New York | 3 years | Pure comparative fault | Medical malpractice carve-out at 2.5 years |
See our California, Texas, and New York guides for how each state's deadline and fault rule changes an injured person's options.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Florida?
2 years from the date of injury for causes of action accruing on or after March 24, 2023 (HB 837). Older injuries may still fall under the prior 4-year deadline.
Did Florida's statute of limitations change recently?
Yes — HB 837, signed March 24, 2023, cut the deadline from 4 years to 2 years and changed the fault rule to modified comparative with a 51% bar.
How long does an injured child have to file a lawsuit in Florida?
The 2-year deadline is generally tolled until the child turns 18 under Fla. Stat. §95.051, giving them until age 20 to file.
What is Florida's statute of limitations for wrongful death?
2 years from the date of death — a separate clock from the underlying injury, and unchanged by the 2023 reform.
How does Florida's 2023 fault-rule change affect what I can recover?
Before HB 837, Florida used pure comparative fault, so a claimant found 55% at fault could still recover a reduced award. Under the current modified comparative fault rule with a 51% bar, that same 55%-at-fault finding reduces recovery to $0 instead of a partial payout.
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