Florida: Before and After the March 2023 SOL Cutoff

For a state whose deadline just changed this dramatically, knowing exactly when your claim accrued matters more than almost anything else.

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.

Florida discovery rule & tolling — frequently asked questions

Why does March 24, 2023 matter for a Florida injury claim?

House Bill 837 took effect that day, cutting Florida's general negligence statute of limitations from four years to two for claims accruing on or after that date. Claims from before it still use the four-year rule.

Does the 2-year rule apply to a car accident that happened in 2022?

No. A claim accruing before March 24, 2023 generally still falls under the older four-year statute of limitations, not the newer two-year rule.

When does the Florida statute of limitations clock start running?

Generally on the date of the accident itself — not the date an injury is discovered, the date treatment ends, or the date an insurance claim is resolved, for most ordinary negligence claims.

Is there still a discovery rule for any Florida injury claims?

Certain claim types, like some medical malpractice or latent injury cases, can involve discovery-based timing, though the ordinary rule for most personal injury claims runs from the date of the incident itself.

Does negotiating with an insurance adjuster pause Florida's statute of limitations?

No. Settlement negotiations do not toll or pause the filing deadline. The two-year clock keeps running regardless of how active the negotiations are.

This page provides general guidance only and is not legal advice. Figures are based on Florida statute (Fla. Stat. § 95.11(5)(a)) as amended by HB 837, verified per our methodology. Which rule applies to a specific claim depends on its facts. Confirm with a licensed Florida attorney before acting.