What Is the Deadline to Sue for Personal Injury in Florida?
The Quick Answer: In Florida, injured individuals have exactly 2 years from the date of the incident to initiate a civil lawsuit under Fla. Stat. § 95.11(4)(a) [HB 837 Reform]. Failing to file your summons and complaint before this deadline permanently bars you from pursuing compensation in Florida Circuit Court, regardless of how severe your damages or liability are.
The Florida Discovery Rule & Exceptions
Limited applicability following the 2023 tort reform; strict accrual from the date of the incident in general negligence actions.
Government Entity Claims
If the at-fault party is a state, city, or county department (such as a city bus or public road defect), special administrative claim statutes apply, often requiring written notice in as little as 6 months.
Minor Tolling
If the injured person was a minor under age 18 at the time of injury, the statutory clock is generally tolled until their 18th birthday in Florida.
Average Florida Bodily Injury Settlement Range
Typical pain and suffering multipliers in Florida range from 1.5x to 4.5x special economic damages. Historical average settlements fall between $25,000 – $135,000+.
Frequently Asked Questions
Did Florida change its personal injury statute of limitations?
Yes. Under House Bill 837 enacted in 2023, Florida shortened its general negligence statute of limitations from 4 years down to 2 years (Fla. Stat. § 95.11(4)(a)).
How does Florida's modified comparative fault law work?
Florida transitioned from pure comparative fault to a modified comparative fault standard with a 51% bar. If you are found greater than 50% at fault, you recover zero.