Statute of Limitations in Florida
State-specific overview · Contract Law
Florida allows 4 years for personal injury claims and 5 years for written contracts, with medical malpractice subject to a discovery rule and 2-year cap.
How Florida treats Statute of Limitations
Florida's statute of limitations for personal injury is 4 years from the date of injury, which is longer than many states. Medical malpractice claims are subject to a discovery rule: the claim must be brought within 2 years of discovering the injury or within 4 years of the negligent act, whichever is earlier. Written contracts have a 5-year limit, and oral contracts have a 4-year limit from the date of breach.
The general definition of Statute of Limitations
A law setting the maximum time period within which a lawsuit can be filed after an injury or breach occurs.
Every type of legal claim has a deadline. Once that deadline passes, you lose the right to sue, even if you have a valid claim. The statute of limitations varies depending on the type of case—contract disputes might have a different deadline than personal injury claims, for example. These time limits exist to protect defendants from being sued years or decades after an event, when evidence may be lost and memories fade. Once the deadline expires, the claim is essentially dead, and courts will dismiss any lawsuit filed after that point.
Read the full Statute of Limitations entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Florida.