What is the personal injury statute of limitations in Florida?

1. General Personal Injury

Florida HB 837 (2023) shortened the negligence SOL to 2 years from the date of injury under Fla. Stat. § 95.11(3)(a). Causes of action accruing before March 24, 2023 retain the prior 4-year period.

2. Wrongful Death

Wrongful death actions must be brought within 2 years of the date of death under Fla. Stat. § 95.11(4)(d).

3. Medical Malpractice

Under Fla. Stat. § 95.11(4)(b), the limit is 2 years from when the incident was discovered (or should have been discovered) with diligent inquiry, plus a 4-year statute of repose (7 years if fraud, concealment, or misrepresentation prevented discovery).

4. Discovery Rule

Florida applies the discovery rule to medical malpractice, fraud-based torts, products liability for latent injuries, and certain professional negligence claims.

5. Minor / Disability Tolling

Fla. Stat. § 95.051 lists exclusive tolling grounds. For medical malpractice, minors under 8 receive tolling that allows claims to be filed before their 8th birthday regardless of accrual date.

6. Government Defendant

The Florida Tort Claims Act, Fla. Stat. § 768.28, requires written notice to the agency and the Department of Financial Services within 3 years of accrual (2 years for wrongful death). Damages are capped at $200,000 per person / $300,000 per incident absent a claims bill.

7. Product Liability

A 12-year statute of repose applies to products with an expected useful life of 10 years or less under § 95.031(2)(b). General products SOL is now 2 years.

8. Equitable Tolling / Fraudulent Concealment

Limited equitable tolling is recognized; fraudulent concealment by a healthcare provider extends the repose to 7 years.

9. Borrowing Statute

Fla. Stat. § 95.10 borrows the shorter SOL of the state where the cause of action arose when the plaintiff was a non-resident at accrual.

This is legal information, not legal advice.