By Eric A. Shore, Founding Attorney
Eric has been an injury and disability lawyer for more than 30 years. Last updated: November 2026
I’ve been spending more time in South Florida lately, where my dad lives. Friends down here have been asking me questions when someone gets into a car accident, slips and falls, or gets bitten by a dog. After more than 30 years practicing law, I figured I’d start answering some of those questions here, too.
One of the first things people ask is how long they have to sue. Florida changed that rule recently, and getting it wrong can cost someone their case.
How long do you have to file an injury lawsuit in Florida?
In most Florida cases involving negligence, you have two years to file a lawsuit. That includes most car crashes, truck crashes, and slip and falls. But other types of claims can have different deadlines, and a pending insurance claim generally does not give you more time.
For years, Florida gave injured people four years to bring most negligence claims. That was longer than many states allowed. Florida changed the law in 2023 and cut that period in half. If you miss the applicable deadline, you can lose your right to recover, even when someone else caused a serious injury.
When did the rule change?
HB 837 took effect on March 24, 2023. The two year rule generally applies to negligence claims arising after that date. Negligence claims that arose earlier generally keep the previous four year period. The governing provision is Florida Statutes § 95.11. For example, a negligence claim arising from a crash on November 1, 2026, would ordinarily have a filing deadline of November 1, 2028. The actual deadline still requires a case specific review.
Which accidents usually have a two year deadline?
The two year deadline generally covers car and truck crashes, motorcycle accidents, pedestrian injuries, and falls caused by careless property maintenance. The issue is not simply whether someone was hurt. There also has to be a legally valid claim.
Suppose someone slips on a spill at a Boca Raton supermarket and breaks an ankle. The claim generally must be filed within two years, but the injured person must also prove the store was legally responsible. I explained that proof in my article about Florida store slip and fall cases.
What about dog bites?
Florida has a separate dog bite law, section 767.04, that can make an owner liable even if the dog has never bitten anyone before. But the filing deadline is not as straightforward as people might think. Ordinary negligence claims have a two year deadline, while some claims based on liability created by statute have a four year deadline.
There is a legal argument that the four year rule applies to claims under Florida’s dog bite statute. How the 2023 changes affect that distinction has not been clearly settled by controlling appellate authority. If you’re bitten by a dog, do not count on four years. Have the claim reviewed quickly and plan around the shorter deadline unless your lawyer determines otherwise.
Do children have more time?
Sometimes, but being under 18 does not automatically extend the deadline. Florida has limited rules that may give a child additional time when no parent or guardian can protect the child’s interests, or when that person’s interests conflict with the child’s. There are also special rules for certain medical malpractice claims involving young children.
Parents should not assume they can wait until a child turns 18. In many cases, the ordinary deadline still applies, so the child’s claim should be evaluated promptly.
Does dealing with an insurance company stop the clock?
Usually not. An adjuster may ask for medical records, investigate the accident, or discuss a settlement for months. Those negotiations generally do not stop the time for filing a lawsuit. You could still be talking about settlement when the deadline expires.
Insurance coverage is also a separate question from the filing deadline. For example, passengers may have several possible sources of coverage. I discuss those in which insurance pays an injured passenger.
Do other injury cases have different deadlines?
Yes. Medical malpractice claims generally have a two year period with discovery rules, an outside limit in many cases, and mandatory procedures before filing. Wrongful death claims
generally have a two year filing deadline. Certain defective product claims can have four years, but other limits may apply.
Government claims are especially easy to get wrong. Ordinary negligence lawsuits against Florida government entities generally have a four year filing period, but written notice usually must be supplied within three years. The notice period for wrongful death is generally two years, and additional rules apply before filing. The government rules are not a reason to wait.
What’s the 14 day PIP rule after a car accident?
Florida Personal Injury Protection insurance, or PIP, has a different deadline. To receive PIP medical benefits, you generally must obtain qualifying initial medical care within 14 days after a motor vehicle accident. This is separate from the two year deadline for filing a negligence lawsuit.
Standard PIP generally covers 80% of qualifying medical expenses up to the available policy benefits. The usual maximum is $10,000, but certain nonemergency conditions can limit medical benefits to $2,500. Getting checked promptly matters both for your health and your coverage.
What should you do this week if you were hurt?
- Get medical attention and follow your treatment instructions. After a car crash, remember the 14 day PIP rule.
- Save photographs, crash reports, witness contact details, medical papers, and insurance correspondence.
- Ask the business or other responsible party to preserve any video or electronic evidence.
- Write down when and where the injury happened. Do not rely on an adjuster to calculate your lawsuit deadline.
- Have an attorney check the actual filing and notice deadlines before too much time passes. Why is it risky to wait?
Evidence can disappear long before the lawsuit deadline. Security footage may be overwritten, vehicles can be repaired, and witnesses can forget details. A lawyer can investigate early and seek to preserve important evidence.
I’ve handled injury claims since 1994. Sometimes an injury also leaves someone unable to work and raises separate disability benefit questions. Those claims have their own rules and deadlines, so it is important to understand the whole situation.
Injured in South Florida? Let’s talk.
If you were hurt in a crash, a fall, a dog bite, or another accident, call the Law Offices of Eric
A. Shore at 1-800-CANT-WORK. Sometimes helping means pursuing a lawsuit. Other times, it means answering a few questions so someone can decide what to do next. Our Fort Lauderdale office is at 200 S. Andrews Avenue, Suite 900, Fort Lauderdale, Florida 33301. Do not wait until the deadline is close to find out what your rights are.
This article provides general information, not legal advice. Deadlines depend on the facts and the specific claim.





