Florida personal injury rules: deadlines, fault and government claims
Florida shortened its general negligence deadline to two years in 2023, uses a modified comparative fault rule with a 50% bar for most negligence actions, and has specific claim and damage-limit rules for claims against the state and its subdivisions.
These summaries describe the general rule in each cited provision. Deadlines can be shortened, extended or paused by other rules, and the correct deadline depends on the type of claim, the defendant and the facts. If a deadline may be close, speak with a lawyer licensed in Florida promptly.
Filing deadline: negligence actions
- Applies to
- Actions founded on negligence
- In plain English
- The 2026 Florida Statutes list “an action founded on negligence” among actions that must be commenced within two years.
- Legal provision
- Fla. Stat. § 95.11(5)(a) (2026)
- Official source
- The Florida Legislature, Online Sunshine (opens in a new tab)
- Exceptions
- Florida reduced this period from four years to two in 2023 legislation; which period applies to an older incident depends on when the claim accrued and the legislation’s effective-date provisions. Medical malpractice and wrongful death have their own periods. Subsection numbering has changed over time. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
Shared fault: modified comparative fault
- Applies to
- Negligence actions to which § 768.81 applies (excluding medical negligence claims under chapter 766)
- In plain English
- A party found to be greater than 50 percent at fault for their own harm may not recover any damages. At 50 percent or less, damages are reduced in proportion to the party’s fault, and each defendant is generally liable according to its own percentage of fault rather than jointly.
- Legal provision
- Fla. Stat. § 768.81(3), (6)
- Official source
- The Florida Legislature, Online Sunshine (opens in a new tab)
- Exceptions
- The 50% bar does not apply to personal injury or wrongful death actions arising out of medical negligence under chapter 766. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
Government claims: notice, filing deadline and damage limits
- Applies to
- Negligence claims against the State of Florida or its agencies or subdivisions
- In plain English
- The claim must be presented in writing to the appropriate agency (and, except for claims against a municipality, county or the Florida Space Authority, also to the Department of Financial Services) within three years after it accrues, and a lawsuit must generally be filed within four years. The statute limits payment to $200,000 per person and $300,000 per incident.
- Legal provision
- Fla. Stat. § 768.28(5)(a), (6)(a), (14)
- Official source
- The Florida Legislature, Online Sunshine (opens in a new tab)
- Exceptions
- Additional pre-suit requirements and waiting periods apply, and amounts above the limits may require legislative action. Different deadlines apply to some claim types. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
What this page does not cover
This page does not cover medical malpractice, product liability, workers’ compensation, wrongful death procedure, damage caps outside government claims, insurance minimums, or every exception within the cited statutes. ClaimSettleIQ’s Settlement Estimator does not apply these rules automatically; its fault illustration uses only the rule you select.