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Florida Statute of Limitations (2026)

All civil filing deadlines for Florida — official statute citations, plain-English explanations, and key exceptions.

✓ Last verified: Sep 2026
Claim Types
12
claim types tracked
Filing Range
2–5
year filing range
Govt. Notice
3
yrs to notify govt.
2 YEARS
Personal Injury
General negligence actions are listed in the two-year category.
Fla. Stat. § 95.11(5)(a) ✓ Verified
2 YEARS
Medical Malpractice
Generally two years from the incident or discovery / when it should have been discovered, subject to statutory outer limits.
Fla. Stat. § 95.11(5)(c) ✓ Verified
5 YEARS
Written Contract
Generally measured from accrual of the contract cause of action.
Fla. Stat. § 95.11(2)(b) ✓ Verified
4 YEARS
Property Damage
Applies to an action for taking, detaining, or injuring personal property.
Fla. Stat. § 95.11(3)(g) ✓ Verified
2 YEARS
Defamation
Libel and slander are listed in the two-year category.
Fla. Stat. § 95.11(5)(h) ✓ Verified
4 YEARS
Product Liability
Four years for injury founded on the design, manufacture, distribution or sale of a product — twice the two-year negligence period.
Fla. Stat. § 95.11(3)(d) ✓ Verified
2 YEARS
Wrongful Death
Two years, under the two-year category in § 95.11(5).
Fla. Stat. § 95.11(5)(e) ✓ Verified
4 YEARS
Fraud
Four years.
Fla. Stat. § 95.11(3)(i) ✓ Verified
4 YEARS
Breach of Oral Contract
Four years — one year less than a written contract under § 95.11(2)(b).
Fla. Stat. § 95.11(3)(j) ✓ Verified
2 YEARS
Legal Malpractice
Two years, running from when the cause of action is discovered or should have been discovered with due diligence.
Fla. Stat. § 95.11(5)(b) ✓ Verified
4 YEARS
Assault & Battery
Four years — Florida gives intentional torts twice the two-year negligence period, the reverse of most states.
Fla. Stat. § 95.11(3)(n) ✓ Verified
4 YEARS
Trespass to Land
Four years.
Fla. Stat. § 95.11(3)(f) ✓ Verified
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Legal Forms
3
years
Government claims notice
Written claim generally presented within 3 years — Fla. Stat. § 768.28(6)(a) Section 768.28 contains written-presentment and denial conditions before suit, with different provisions for certain claims including wrongful death and contribution. Verify the current statutory text for the specific governmental defendant and claim.

Common Questions About Florida Deadlines

What is the statute of limitations in Florida?

It depends on the type of claim. Florida filing deadlines range from 2 years to 5 years — for example, personal injury 2 years, breach of a written contract 5 years, medical malpractice 2 years, defamation 2 years.

How long do you have to file a personal injury lawsuit in Florida?

2 years under Fla. Stat. § 95.11(5)(a). General negligence actions are listed in the two-year category. Full personal injury rules →

What is the statute of limitations for wrongful death in Florida?

2 years under Fla. Stat. § 95.11(5)(e). Two years, under the two-year category in § 95.11(5). Full wrongful death rules →

What is the statute of limitations for medical malpractice in Florida?

2 years under Fla. Stat. § 95.11(5)(c). Generally two years from the incident or discovery / when it should have been discovered, subject to statutory outer limits. Full medical malpractice rules →

What is the statute of limitations for breach of contract in Florida?

5 years under Fla. Stat. § 95.11(2)(b). Generally measured from accrual of the contract cause of action. Full breach of a written contract rules →

How long do you have to sue for defamation in Florida?

2 years under Fla. Stat. § 95.11(5)(h). Libel and slander are listed in the two-year category. Full defamation rules →

What is the statute of limitations for property damage in Florida?

4 years under Fla. Stat. § 95.11(3)(g). Applies to an action for taking, detaining, or injuring personal property. Full property damage rules →

Do you have to notify the government before suing in Florida?

Often, yes. Written claim generally presented within 3 years under Fla. Stat. § 768.28(6)(a). This is usually much shorter than the ordinary deadline.

Know your rights — check the claim type that matches your situation, then confirm the deadline with a licensed attorney.
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