One date, two completely different deadlines
Under Fla. Stat. § 95.11(5)(a), as amended by House Bill 837, the applicable statute of limitations for a Florida negligence claim genuinely depends on when the claim accrued relative to March 24, 2023 — the day the law took effect. A claim accruing on or after that date gets two years. A claim that accrued before it still falls under the older four-year rule. This isn't a minor technicality; it's the difference between having half the time most Florida claimants used to have, and the old, longer window.
Why this distinction still matters in 2026
Given how much time has passed since March 2023, the practical relevance of the older four-year rule has narrowed considerably — most claims that accrued before the cutoff would already be approaching or past their four-year deadline by now. Still, understanding which rule actually governs a specific claim remains essential, particularly for anyone revisiting an older injury or dealing with a claim whose accrual date isn't perfectly clear-cut.
The clock generally starts on the date of the accident
For most ordinary negligence claims — car accidents, slip and falls, premises liability — Florida's clock starts running on the date of the incident itself, not the date an injury is discovered, the date medical treatment concludes, or the date an insurance claim is resolved. This is a firm, specific starting point that leaves little room for ambiguity in the majority of cases.
Where discovery-based timing can still matter
Certain specific claim types, including some medical malpractice and latent injury cases, can involve discovery-based timing considerations distinct from the ordinary accident-date rule. Whether a specific claim qualifies for this kind of treatment is worth confirming directly with an attorney rather than assuming the general rule applies uniformly.
What doesn't pause the clock
A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Florida's filing deadline. The two-year clock keeps running the entire time talks are ongoing, no matter how close the parties seem to a resolution.