Florida Law|5 min read|January 30, 2026

Florida Statute of Limitations — Don't Lose Your Right to Sue

Florida recently shortened the deadline to file a personal injury lawsuit from 4 years to 2 years. Missing this deadline means losing your case entirely — no exceptions.

In 2023, Florida significantly changed its statute of limitations for personal injury claims. Understanding these deadlines is critical — missing them typically means you lose your right to compensation forever.

The 2-Year Rule (Effective March 24, 2023)

For accidents occurring on or after March 24, 2023, you have **two years** from the date of the injury to file a personal injury lawsuit in Florida.

For accidents before March 24, 2023, the old 4-year deadline may apply.

Wrongful Death — Also 2 Years

Wrongful death claims must be filed within 2 years of the date of death.

Medical Malpractice — Special Rules

Medical malpractice has its own statute of limitations: generally 2 years from when you discovered or should have discovered the malpractice, with an absolute limit of 4 years (the "statute of repose").

Exceptions That May Extend the Deadline

**Discovery rule:** If you didn't discover your injury until later (common in medical malpractice), the clock may start when you discovered or should have discovered the injury.

**Minors:** The statute of limitations is tolled (paused) for minors until they turn 18, with some exceptions.

**Government defendants:** Claims against government entities require a pre-suit notice and have an even shorter window — often 3 years with a mandatory 3-year pre-suit notice period.

**Fraud:** If the defendant fraudulently concealed the cause of your injuries, the clock may be tolled.

Why You Should Act Well Before the Deadline

Evidence disappears. Witnesses forget details. Surveillance footage is overwritten. The earlier you involve an attorney, the better position you'll be in. Gonzalez Munoz Law offers free consultations — call 305-770-6666 today.

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