On March 24, 2023, Florida’s governor signed HB 837, a tort-reform package that, among other changes, cut the statute of limitations for most negligence claims from four years to two years. If your accident happened on or after that date, you have half the time the prior generation of plaintiffs had to investigate, treat, negotiate, and file suit.
Two years sounds like enough. It is not, once you account for medical treatment, evidence preservation, demand negotiations, and the reality that insurance carriers read the calendar as closely as your lawyer does. Waiting to “see how things go” is how good post-2023 cases get lost.
The current rule: two years from the date of injury
Under Florida Statutes § 95.11(3)(a) as amended by HB 837, a plaintiff has two years from the date of injury to file a negligence-based civil action. That covers nearly every common personal injury matter:
- Automobile accidents
- Motorcycle accidents
- Truck accidents
- Slip-and-fall and premises liability
- Dog bites
- Boating accidents
- Most product-liability claims with injury
The clock starts running on the date of the injury itself, typically the day of the accident. A complaint filed one day after the two-year anniversary is dismissed on motion, full stop.
Why older accidents may still have four years
HB 837 did not apply retroactively. Causes of action that accrued before March 24, 2023 kept the four-year deadline that was the rule at the time. In other words, if the injury-causing accident happened before that date, the old window still applies. That creates a two-track system that will exist until the last pre-2023 claim either settles, is filed, or times out:
- Accident on or before March 23, 2023 → four-year statute of limitations under the pre-HB 837 version of § 95.11(3)
- Accident on or after March 24, 2023 → two-year statute of limitations under the current § 95.11(3)(a)
If your accident was close to the cutover date, have counsel confirm the date of accrual and the applicable rule before you rely on either timeline.
The exceptions that still apply
Several categories of claim have their own deadlines that HB 837 did not touch:
- Medical malpractice. Two years from the date of discovery, with a four-year outer limit from the date of the alleged malpractice (seven-year outer limit for fraud or intentional concealment).
- Wrongful death. Two years from the date of death.
- Claims against the State of Florida or its subdivisions. Subject to sovereign immunity rules that generally require written notice to the Department of Financial Services within three years, with shorter windows for some entities.
- Federal Tort Claims Act matters. Two years, with a distinct administrative-claim requirement before any lawsuit.
If your injury came from a city vehicle, a government-owned property, a state hospital, or a federal agency, the path is different and the deadlines are often earlier than even the new two-year rule.
The discovery rule and its limits
Florida still recognizes a limited “discovery rule” in certain cases. The limitations clock does not start running until the plaintiff knew or reasonably should have known of the injury and its connection to the defendant’s conduct. This matters in toxic-exposure cases, some surgical complications, and latent injuries.
For the kind of accident that produces an immediate, obvious injury such as a car crash, a fall, or a dog bite, the discovery rule does not help. The clock runs from the accident itself.
Why two years is not a lot of time
The defense side of an injury case does not care how long you have left. By the time your lawyer files suit under the new rule, they still need:
- Complete medical treatment, or at least a defensible maximum medical improvement assessment
- Written discovery served and responded to
- Depositions of witnesses and treating providers
- Expert retention and disclosure
- A mediation (Florida requires one in most civil cases)
All of this takes months, and a significant portion has to happen before suit is filed if the demand package is going to have any weight. Engaging counsel within the first few months of the accident is now the baseline, not a cautious choice.
What to do next
If your accident was on or after March 24, 2023, assume two years and plan backward from there. If your accident was before that date and you have not filed, have counsel confirm the accrual date and your remaining window. Do it now, because the four-year tail is running out for the oldest of those claims.
Call DHW Law at 813-962-3176 to have the deadline verified against your specific facts before it is too late to matter.
