Key facts: Florida
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. Florida follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for Florida
Two years from the date the cause of action accrues, for causes of action accruing on or after March 24, 2023. The deadline was four years for negligence claims that accrued before that date; House Bill 837 (2023) cut it in half. Wrongful death is two years from the date of death. Claims against the state require pre-suit notice within three years under Fla. Stat. § 768.28(6).
Related: Florida comparative negligence rule
Florida follows a modified 51% bar rule. Florida switched from pure comparative negligence to a modified 51% bar in 2023 under House Bill 837. For causes of action accruing on or after March 24, 2023, a claimant whose share of fault exceeds 50% cannot recover damages. The change does not apply to medical-negligence actions, which remain under pure comparative principles.
Read the full Florida comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Florida attorney before relying on it.