Fla. Stat. § 95.11(4)(a)
Personal Injury (General Negligence)
Injuries caused by someone’s carelessness, such as accidents or unsafe conditions.
Statute of Limitation in Florida
The statute of limitations for filing a personal injury claim based on general negligence is typically two years from the date of the injury.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the injured party is a minor, which may extend the filing time until the minor reaches the age of majority; additionally, if the injury was not discovered right away, the time limit may be tolled. Contact an attorney.
Example Scenario
If a personal injury occurs on March 1, 2023, the claim must be filed by March 1, 2025.
Understanding Statutes of Limitations in Florida
The statute of limitations for personal injury (general negligence) in Florida acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Florida state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for personal injury (general negligence) after the 2-years period has expired, the defendant will likely file a motion to dismiss the case. In Florida, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Florida law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Florida serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (2 years in this instance), potential liability is extinguished.
Can this be resolved in Florida Small Claims court?