Florida Statutes of Limitations for Civil Cases

Florida has a clear statutory framework governing when lawsuits must be filed. Missing these deadlines typically results in dismissal and loss of your right to sue. Understanding which statute applies—and when the clock starts—is critical to protecting your legal rights.

Personal Injury

Time Period: 4 years
Statute: Fla. Stat. § 95.11(3)(a)
Clock Starts: When the injury occurs

Personal injury claims cover bodily harm from negligence, assault, battery, or other wrongful acts. The four-year window is one of Florida's longer periods, but the statute is clear: actions for personal injury must be "brought within 4 years after the cause of action accrues."

The accrual date is typically the date of injury. If you slip and fall on January 15, 2024, your deadline is January 15, 2028. However, this can shift if the discovery rule applies (discussed below).

Breach of Written Contract

Time Period: 5 years
Statute: Fla. Stat. § 95.11(2)(b)
Clock Starts: When the breach occurs

Written contracts have Florida's longest standard limitation period. This applies to promissory notes, mortgages, land sale agreements, service contracts, and any other enforceable written agreement. The key is that the contract itself must be in writing—emails and text messages may qualify if they contain all essential terms.

The breach accrues when the other party fails to perform. For installment contracts or ongoing obligations, each missed payment may constitute a separate breach, starting a new limitation period for that specific payment.

Breach of Oral Contract

Time Period: 4 years
Statute: Fla. Stat. § 95.11(3)(a)
Clock Starts: When the breach occurs

Oral contracts receive the same four-year period as personal injury claims. The burden of proving the contract's existence and terms falls entirely on the plaintiff—expect vigorous defense arguments. Oral contracts involving land sales, securities, or goods over $500 may face additional hurdles under the Statute of Frauds (Fla. Stat. § 725.01).

Fraud

Time Period: 4 years (or discovery rule applies)
Statute: Fla. Stat. § 95.11(3)(a)
Clock Starts: When the fraud is discovered (or reasonably should have been discovered)

Fraud claims receive special treatment in Florida. While the statutory period is four years, Florida law recognizes the discovery rule exception for fraud. You do not lose your right to sue merely because you did not immediately discover the deception.

The discovery rule asks: when did the plaintiff know or reasonably should have known of the fraudulent conduct? A homebuyer deceived about hidden foundation damage cannot sue decades later if a reasonable inspection would have revealed the problem. Courts examine what facts the plaintiff knew and what diligence they exercised.

Property Damage

Time Period: 4 years
Statute: Fla. Stat. § 95.11(3)(a)
Clock Starts: When damage occurs

This broad category covers damage to real property, personal property, vehicles, structures, and chattels caused by negligence or intentional conduct. The four-year period applies whether your car was hit in a collision or your home was damaged by a contractor's negligence.

For latent defects in construction or products, the discovery rule may extend the deadline beyond the initial four years, though this is heavily litigated.

Medical Malpractice

Time Period: 2 years (with 4-year repose period)
Statute: Fla. Stat. § 95.11(4)(b)
Clock Starts: When the injury is discovered or reasonably should have been discovered

Medical malpractice has Florida's shortest limitation period but includes important safeguards. The standard period is two years from discovery, but Florida imposes a repose period: no claim may be brought more than four years after the negligent act, regardless of discovery date.

Example: A surgeon negligently leaves a sponge inside a patient on January 1, 2023. The patient does not discover the sponge until January 10, 2025—a delay of two years. The patient has two years from discovery (until January 10, 2027) to sue. However, if discovery had occurred on January 5, 2027—nearly four years after the negligent act—the four-year repose period would have already expired, and the claim would be barred.

The repose period is absolute and cannot be extended by any tolling provision except for minors (discussed below). This makes malpractice claims uniquely time-sensitive in Florida.

Wrongful Death

Time Period: 2 years
Statute: Fla. Stat. § 95.11(4)(d)
Clock Starts: When death occurs

Wrongful death actions—brought by the deceased's estate or beneficiaries—must be filed within two years of the death. This is a strict deadline with limited exceptions. The personal representative of the estate or surviving family members must act quickly.

Defamation, Libel, and Slander

Time Period: 2 years
Statute: Fla. Stat. § 95.11(4)(a)
Clock Starts: When the defamatory statement is published or spoken

Florida treats all defamatory statements—whether written (libel) or spoken (slander)—under a unified two-year statute. Publication occurs when the statement reaches at least one third party. Online posts, emails to others, and broadcast statements all constitute publication.

For ongoing or repeated publications (such as a blog post that remains accessible), courts have split on whether each view starts a new limitation period or whether accrual is fixed at initial publication. Conservative practice dictates filing within two years of first publication.

Trespass

Time Period: 4 years
Statute: Fla. Stat. § 95.11(3)(a)
Clock Starts: When the trespass occurs

Trespass to land or personal property has a four-year window. Each continuing or repeated trespass may start a new limitation period. If someone trespasses on your property monthly, each intrusion potentially begins a new four-year period for that specific incident.

Debt Collection and Promissory Notes

Time Period: 5 years
Statute: Fla. Stat. § 95.11(2)(b)
Clock Starts: When payment becomes due (or when the note matures)

Written promissory notes and other written debt instruments receive the five-year period under the written contract statute. However, for installment notes with multiple payment dates, each missed payment may constitute a separate breach with its own limitation period.

Note: After a judgment is entered in a debt collection case, a different statute governs enforcement of that judgment—but the initial lawsuit itself must be filed within five years.

The Discovery Rule (Delayed Accrual)

Florida recognizes the discovery rule for causes of action where injury is inherently hidden. Rather than starting at the negligent act, the clock begins when the plaintiff discovers—or reasonably should discover—the injury.

Courts apply a two-part test:
1. Could the plaintiff have discovered the injury through reasonable diligence?
2. Did the plaintiff actually discover it?

The discovery rule applies most commonly to:

The rule does not create an unlimited extension period. Even with discovery rule protection, courts ask whether a reasonable person should have discovered the problem earlier.

Tolling Provisions

Florida law provides exceptions that pause or extend limitation periods under specific circumstances:

Minority: If the plaintiff is under 18, the limitation period does not begin until the minor reaches age 18—except for medical malpractice, where the four-year repose period always applies (Fla. Stat. § 95.051).

Mental Incapacity: If the plaintiff is adjudicated incompetent, the period may be extended (Fla. Stat. § 95.051).

Absence from Florida: If the defendant leaves Florida, the time of absence may not count toward the limitation period (Fla. Stat. § 95.051). This is rarely invoked and courts construe it narrowly.

Military Service: For active-duty servicemembers, federal law (50 U.S.C. § 3953) may toll certain state limitation periods.

Bankruptcy: The federal automatic stay tolls state limitation periods during bankruptcy proceedings.

Fraudulent Concealment: If the defendant actively conceals the cause of action, discovery rule principles may apply even when not explicitly stated in the statute.

These tolling provisions are narrowly construed. Filing before the deadline is always the safest approach.

What Happens After the Deadline Passes

If you file suit after the limitation period expires, the defendant will raise the statute of limitations as an affirmative defense. Once raised, the burden shifts to the plaintiff to prove they fall within an exception. The court will likely grant a motion to dismiss under Fla. R. Civ. P. 1.140(b)(6), and your right to sue is permanently lost.

There is no "relation back" doctrine in Florida civil procedure for statute of limitations purposes. A late filing cannot be cured by amending the complaint.

How to Calculate Your Deadline

1. Identify the cause of action — Does it fit personal injury, contract, fraud, malpractice, or another category?
2. Find the correct statute — See the chart above
3. Determine the accrual date — Usually when injury or breach occurs; for fraud/malpractice, when discovered
4. Count forward — Add the years specified; include the anniversary date itself
5. Account for tolling — Did minority, mental incapacity, or defendant's absence pause the clock?
6. File before expiration — File the complaint in court before midnight on the last day; do not assume a grace period

Practical Advice

Key Takeaways

Missing a deadline is catastrophic and typically cannot be fixed. When in doubt about your deadline, consult a Florida attorney immediately.