In Florida, you generally have two years from the date of the accident to file a car accident injury lawsuit. The deadline was cut from four years to two in March 2023 (HB 837). Wrongful-death and government claims follow different rules — and evidence disappears fast, so don't wait for the deadline.
The two-year rule
Florida's statute of limitations for negligence claims — including car accidents — is set by Fla. Stat. § 95.11. For crashes occurring on or after March 24, 2023, the clock runs two years from the date of the crash. File even one day late, and the court will almost certainly dismiss your case, no matter how strong it is.
The deadline applies to filing a lawsuit, not to starting an insurance claim — but insurers know the date too. As it approaches, their incentive to offer a fair settlement drops, because your leverage is about to expire.
Exceptions that change the deadline
A handful of situations pause ("toll") or shift the clock: the injured person is a minor, the defendant leaves Florida or conceals themselves, or the victim is legally incapacitated. Crashes before March 24, 2023 may still fall under the old four-year rule. These exceptions are narrow — never assume one applies without an attorney confirming it.
Why filing early matters
The legal deadline is two years, but the evidence deadline is much shorter: intersection camera footage is often overwritten in 30 days, vehicles get repaired or scrapped, and witness memories fade in weeks. The strongest cases are built in the first month — which is also when Florida's 14-day PIP rule requires you to have sought medical care.
Frequently asked questions
Does the two-year rule apply if I was partly at fault?+
Yes — the deadline is the same. Under Florida's modified comparative negligence rule you can still recover if you were 50% or less at fault, with your award reduced by your share of fault.
Does starting an insurance claim stop the clock?+
No. Negotiating with an insurer does not pause the statute of limitations. Only filing a lawsuit does — which is why adjusters sometimes slow-walk negotiations as the deadline nears.
My crash happened before March 2023 — which rule applies?+
Crashes before March 24, 2023 generally keep the old four-year deadline. If you're near either cutoff, have an attorney confirm your exact date — for free — rather than guessing.
This article is for general information only and is not legal advice; reading it does not create an attorney-client relationship. Deadlines depend on the specific facts of your case — consult a licensed attorney in your state about your situation. Attorney advertising. Prior results do not guarantee a similar outcome.