The deadline to file a negligence lawsuit in Florida is now two years. Explained, with the actual statute text and the post-HB 837 amendments.
Call 904-383-7448Reviewed by Graham W. Syfert, Esq., Florida Bar No. 39104. Last updated .
Section 95.11, Florida Statutes, sets the deadlines to file most civil lawsuits in Florida. House Bill 837, signed March 24, 2023, cut the negligence statute of limitations from four years to two. The change applies to causes of action accruing on or after that date.
Most relevant subsections for personal injury practice: section 95.11(4)(a) (negligence, two years), section 95.11(4)(b) (medical malpractice), section 95.11(5)(e) (wrongful death). For products liability, section 95.031 controls the four-year clock and the twelve-year statute of repose. The full statute text is on syfert.com.
"An action founded on negligence" must be commenced within two years. Section 95.11(4)(a), Florida Statutes (as amended by Ch. 2023-15, Laws of Fla., effective March 24, 2023). Read the full statute.
Before HB 837, the same subsection set a four-year deadline. The Legislature shortened it to two years as part of a broader tort-reform package. The new deadline applies prospectively. Causes of action accruing before March 24, 2023, retained the four-year window.
Two years to file most personal injury and property damage claims. Auto accidents, slip and fall, premises liability, products liability based on negligence theories.
Two years from the date the injury was discovered, or the date the injury should have been discovered with reasonable diligence. Subject to a four-year statute of repose, except in cases of fraud, concealment, or intentional misrepresentation, where the period extends to seven years from the alleged incident.
Two years from the date of death. Note: the clock runs from death, not from the underlying injury. A patient who is injured by malpractice in 2024 and dies in 2026 starts the wrongful death clock in 2026.
Five years on a written contract, four years on a verbal contract. Subsections (a) and (b).
Four years, with a discovery rule and a twelve-year statute of repose.
Section 95.11 has been on the books in some form since territorial days. The current structure dates to 1974, with amendments in 1980, 1986, 1990, 2003, and 2011 (medical malpractice). The most consequential modern amendment is the HB 837 package in 2023.
HB 837 changed more than the negligence deadline. It also cut the bad-faith fee-shifting provisions, modified comparative negligence (see section 768.81), capped recoverable medical damages at amounts actually paid plus reasonable amounts owed, and limited certain attorney-fee multipliers. The negligence SOL change is what comes up most often.
The Florida Supreme Court and the District Courts of Appeal have construed section 95.11 in hundreds of decisions. The most consequential lines of cases concern accrual (when does the clock start), tolling (when does the clock pause), and the discovery rule for medical malpractice.
For a current, treatment-flagged list of Florida appellate decisions citing section 95.11, see the case list on Graham's research platform: syfert.com/florida/statutes/0095.11.html. The list is updated as new opinions are released and includes red-flag, yellow-flag, and green-flag treatment indicators.
Discovery rule, medical malpractice. The discovery rule under section 95.11(4)(b) starts the clock when the plaintiff knew or, with reasonable diligence, should have known of the injury and its possible cause. See, e.g., the cases flagged at syfert.com for detailed cite-checking.
Defendants argue accrual on the date of the injury, ignoring the discovery rule where it applies. Hold the line on accrual where the injury was latent or concealed.
The "should have known" prong of the discovery rule is fact-intensive. Defense lawyers love it because it teases the facts toward summary judgment. Develop the record on what the plaintiff actually knew and when, with documents and depositions.
It does not. The shorter two-year deadline applies only to causes of action accruing on or after March 24, 2023. Older claims kept the four-year window. Watch for opportunistic motions arguing retroactivity.
Two years is not a lot of time. By the time medical treatment ends, settlement talks fail, and a complaint is drafted and served, months disappear. Treat two years as eighteen.
If the cause of action accrued before March 24, 2023, the four-year deadline still applies. Verify the accrual date carefully. Some claims that look like 2023-or-later cases (a delayed-onset symptom, a concealed defect) actually accrued earlier and get the longer window.
For wrongful death cases that come out of an underlying injury, two clocks may matter: the personal injury clock that ran during the decedent's life, and the wrongful death clock that started at death. The personal injury claim merges into the wrongful death claim on death; the wrongful death deadline is what controls.
Two years for any cause of action accruing on or after March 24, 2023. Section 95.11(4)(a), Florida Statutes.
Yes. HB 837 cut the negligence statute of limitations from four years to two for causes of action accruing on or after March 24, 2023. Older claims kept the four-year window.
Two years from discovery, with a four-year statute of repose. Section 95.11(4)(b). Fraud or concealment extends the period to seven years.
Two years from the date of death. Section 95.11(5)(e). The clock runs from death, not from the underlying injury.
An absolute outer deadline that cannot be extended by discovery, tolling, or fraud, with limited exceptions. Florida medical malpractice has a four-year statute of repose. Some product-liability claims have a twelve-year statute of repose under section 95.031(2)(b).
If you are not sure whether your claim is still timely, call. Statute-of-limitations questions get an immediate read.
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