Deadlines to File an Injury Lawsuit in Florida

A lawsuit founded on negligence (such as most car-accident and slip-and-fall injury claims) must be filed within 2 years. Claims for assault, battery, false imprisonment and other intentional torts have 4 years, as do product-related injury claims.

A claim founded on negligence has 2 years, which generally covers negligent property damage. Actions for taking, detaining or injuring personal property, and for trespass on real property, are listed with a 4-year period.

A medical malpractice claim must be filed within 2 years from the incident or from when it was discovered or should have been discovered, but no later than 4 years after the incident. If fraud, concealment or intentional misrepresentation prevented discovery, the period is extended to 2 years from discovery, but no more than 7 years after the incident. Neither outer limit bars a claim on behalf of a child filed on or before the child's 8th birthday.

A wrongful death lawsuit must be filed within 2 years.

Before suing the State or a state agency or local subdivision, the claimant must present the claim in writing to the agency (and, except for cities, counties and the Florida Space Authority, also to the Department of Financial Services) within 3 years after the claim accrues, and the claim must be denied in writing first; wrongful death claims must be presented to the Department of Financial Services within 2 years. The lawsuit generally must be filed within 4 years (medical malpractice and wrongful death follow their usual deadlines). Recovery is capped at $200,000 per person and $300,000 per incident; larger judgments can be paid only by a separate act of the Legislature. Punitive damages and pre-judgment interest are not allowed.