Florida personal injury claims that arose on or after March 24, 2023 must be filed within 2 years of the date of the accident, under HB 837. That is a hard reduction from the previous 4-year statute of limitations, and 2026 is the first full year where the new shortened window is closing on cases that arose in 2024. If you were injured anywhere in Florida in 2024 and have not yet filed, you have weeks or months left, not years. This update covers exactly how the deadline works, the narrow exceptions that extend it, and a separate read on the May 5, 2026 Florida PIP-repeal headlines that most outlets reported inaccurately. Nothing on this page is legal advice. If you are near a deadline, contact a Florida personal injury attorney directly.
The HB 837 statute of limitations, in plain language
Florida House Bill 837 was signed into law on March 24, 2023, and dramatically changed the timeline for filing most personal injury claims. The single biggest change: the deadline to file a general negligence claim dropped from 4 years to 2 years.
What that means in practice:
- A car accident on April 1, 2023 must be filed by April 1, 2025 (already past for claims that did not file).
- A slip and fall on May 1, 2024 must be filed by May 1, 2026, that is now.
- A workplace injury on July 15, 2024 must be filed by July 15, 2026.
- A pedestrian accident on December 31, 2024 must be filed by December 31, 2026.
The 2-year clock starts on the date of the accident, not the date you discovered your injury, not the date you finished medical treatment, and not the date your insurance claim was resolved. Late discovery of an injury does not pause the clock unless one of the narrow exceptions below applies.
If you were injured in Florida on or after March 24, 2023, assume the deadline is 2 years from the accident, not 4. A claim filed one day late is almost always barred.
The narrow exceptions that extend the 2-year window
Medical malpractice
Medical malpractice cases are governed by a separate statute (Florida Statutes §95.11(4)). Those cases retain a 2-year limitation period, but with a "discovery" rule: the clock can start from the date the injury was or should have been discovered, capped by a 4-year statute of repose (and longer for cases involving fraud, concealment, or intentional misrepresentation by the provider). Medical malpractice was not changed by HB 837.
Wrongful death
Florida's Wrongful Death Act has its own 2-year statute of limitations, measured from the date of the decedent's death, not the date of the underlying accident. HB 837 did not change this.
Minor plaintiffs
When the injured person is a minor, the statute of limitations is generally tolled (paused) until the minor reaches the age of 18 or seven years after the cause of action accrues, whichever is shorter (with limits depending on the type of claim). Parents can file on behalf of minor children at any point before that.
Defendant out of state
If the at-fault party leaves Florida and is not amenable to service, the limitations clock can pause for the period they are out of state. This is an exception that requires evidence and is narrowly applied; do not rely on it without an attorney's confirmation.
Fraud or concealment
In rare cases where the at-fault party fraudulently concealed the wrongdoing, the discovery rule can apply. The bar for proving fraud or concealment is high; this is not a routine extension.
Outside these exceptions, the 2-year deadline is generally unforgiving. A claim filed one day late is almost always barred, and the courts have been explicit that ignorance of the new deadline is not a defense to the bar.
Why 2026 is the year this matters most
The 2-year HB 837 statute of limitations took effect for accidents on or after March 24, 2023. That means:
- Cases that arose in March-December 2023 had their 2-year deadline hit in March-December 2025. That wave has already largely played out, and many cases were filed (sometimes barely in time).
- Cases that arose in 2024 are hitting their 2-year deadline throughout 2026. This is the wave currently closing. People injured in 2024 who assumed they had until 2028 because of the old 4-year statute are wrong, and many do not realize this until they consult an attorney.
- Cases that arose in 2025 will hit their deadline in 2027. People injured last year are still in their window, but should not wait.
In our 2026 caseload at Templer & Hirsch, we have seen several intake calls per month from injured parties whose claims were already barred because they relied on the old 4-year understanding. The hard rule: if you were injured in Florida on or after March 24, 2023, assume the deadline is 2 years from the accident, not 4, and consult counsel well before the date.
What "filed" actually means under Florida law
To preserve a claim, the lawsuit must be filed with the appropriate Florida court before the limitations expires. Pre-suit settlement negotiations, demand letters, and insurance claims do not stop the clock. We have seen cases where claimants spent a year negotiating with an insurance carrier in good faith, only to have the carrier delay until the 2-year window closed. Once the deadline passes, leverage in those negotiations evaporates because the case can no longer be filed.
The practical move is to file before the deadline whether or not the insurance carrier seems cooperative. Filing does not require giving up settlement; cases settle after filing all the time. What filing does is preserve the right to a trial, and that preservation is the only real leverage in negotiations.
A separate current-events read: the May 5, 2026 Florida PIP-repeal headlines
On May 5, 2026, Insurance Journal and several follow-on outlets ran a clarifying piece confirming that Florida did not repeal its no-fault auto insurance law in 2026, despite a wave of headlines and social-media discussion suggesting otherwise. Here is the honest reality, separate from the statute-of-limitations issue above:
What is true
- Florida's Personal Injury Protection (PIP) requirement is still in effect as of May 2026.
- Multiple bills have been introduced in 2025 and 2026 legislative sessions to repeal PIP and move Florida to a tort-based at-fault system. The most recent (HB 1181 in the 2025 session) died in committee.
- The minimum-bodily-injury-coverage discussions in those bills (raising minimums from $10K/$20K to $25K/$50K) have not been enacted as of May 2026.
What is not true
- Florida has not repealed no-fault. Headlines suggesting otherwise are wrong or premature.
- You still need PIP coverage to legally drive in Florida, and PIP still pays the first $10,000 of your medical bills regardless of fault.
What this means for your personal injury claim
If you were injured in a Florida auto accident, your claim still goes through the existing PIP-then-tort framework: PIP medical benefits first, then a third-party claim against the at-fault driver if your injuries meet the serious-injury threshold (significant or permanent loss of bodily function, permanent injury, significant scarring, or death). Nothing about that workflow changed in May 2026, despite some headlines.
What injured parties commonly get wrong about Florida PI deadlines in 2026
"I have plenty of time, the statute is 4 years."
Wrong for any accident on or after March 24, 2023. Two years is the rule.
"My insurance claim is still pending, so the clock is paused."
Wrong. Insurance claims do not pause the statute of limitations. Lawsuits must still be filed within the 2-year window.
"I will file when I am done with medical treatment."
Risky. The 2-year clock runs from the accident date, not the treatment-completion date. Long-term treatment cases need to file a complaint to preserve the claim, then keep treatment ongoing.
"PIP got repealed so I can sue directly now."
Wrong as of May 2026. PIP is still mandatory. The serious-injury threshold still applies before you can sue an at-fault driver in tort.
"The deadline only applies if I want to sue, not if I am settling."
Half-true. Settlements can happen at any point. But if the case has not been filed before the deadline and the carrier walks away, you have no enforcement mechanism and the case is dead.
The 5-step move if you were injured in Florida in 2023, 2024, or 2025
- Look up your accident date and add 2 years. That is your filing deadline (with the narrow exceptions above).
- Confirm whether any exception applies. Minor plaintiffs, medical malpractice, wrongful death, defendant out of state, or fraud can shift the math.
- Talk to a Florida-licensed personal injury attorney early, ideally within 6 months of the accident. The earlier the case is built, the stronger the evidence.
- If a settlement is being negotiated and the deadline is within 90 days, file the lawsuit anyway to preserve the claim. Settling after filing is routine; missing the deadline is final.
- Keep accurate medical and economic-damage records. Post-filing, the documentation is what builds value into the case.
Frequently asked questions
What is the Florida statute of limitations for personal injury in 2026?
Two years from the date of the accident for general negligence claims arising on or after March 24, 2023. Older claims (before that date) retain the prior 4-year window if they are still within it. Medical malpractice and certain other categories follow separate statutes.
Did HB 837 really cut the deadline from 4 years to 2 years?
Yes. HB 837, signed March 24, 2023, reduced the general negligence statute of limitations from 4 years to 2 years for causes of action accruing on or after that date. The change is settled law and has been upheld in Florida courts.
Does the 2-year clock start on the accident date or the injury-discovery date?
For most general negligence claims, it starts on the accident date. Medical malpractice has a separate discovery rule. Late-discovered injuries from a known accident do not generally restart the clock.
What if I was injured in a Florida accident before March 24, 2023?
The prior 4-year statute of limitations applies to claims that accrued before that date, as long as the original 4-year period has not already expired. A 2022 accident would still have until 2026 under the old rule.
Did Florida repeal its no-fault PIP insurance law in 2026?
No, despite some headlines. PIP is still mandatory in Florida as of May 2026. Multiple repeal bills have been proposed in 2025 and 2026 sessions but have not passed.
Can a Florida personal injury claim be settled after the 2-year deadline?
Almost never. Once the deadline passes, the carrier loses the legal incentive to settle because the case can no longer be filed. Some carriers may still pay nuisance value, but most claims that miss the deadline end with no recovery.
What if I am still in active medical treatment when the 2-year deadline approaches?
File the lawsuit anyway. Filing preserves your right to recover for ongoing and future treatment. The case stays active during continued treatment, and damages can be calculated based on completed treatment plus medically-anticipated future care.
What is the deadline for a wrongful death claim in Florida?
Two years from the date of death, under the Florida Wrongful Death Act. This is measured from the death, not from the underlying accident, which can matter when the death follows the injury after a long medical course.
If you were injured in Florida on or after March 24, 2023 and have not yet filed, the 2-year deadline may be approaching faster than you realize. Contact Templer & Hirsch for a free consultation to evaluate your claim and your remaining filing window, or read more about our personal injury practice across Florida. We have spent over 35 years recovering compensation for injured Floridians and have recovered more than $100 million for our clients. No fee unless we win.
