Florida Personal Injury Law: Deadlines, Fault Rules and PIP Insurance

Florida changed several key personal injury rules in 2023, and many guides online still describe the old law. This guide explains the current rules on deadlines, shared fault and car insurance, with links to the Florida Statutes so you can check each point yourself.

Florida personal injury deadlines

A statute of limitations is the deadline for filing a lawsuit. If you miss it, a court will usually dismiss the case, even if the claim was strong. Florida's main deadlines are in section 95.11 of the Florida Statutes.

• General negligence (car crashes, slip and fall, most injury claims): 2 years, under § 95.11(5)(a).
• Wrongful death: 2 years, under § 95.11(5)(e).
• Medical malpractice: 2 years from the incident or from when it was, or should have been, discovered, with a 4-year outer limit in most cases. Fraud, concealment and claims for minors have special rules (§ 95.11(5)(c)).
• Intentional torts such as assault and battery: 4 years, under § 95.11(3)(n).

The 2-year rule for negligence applies to injuries on or after March 24, 2023. Injuries that happened before that date are generally still governed by the older four-year deadline.

Florida's 50% fault rule

For decades, Florida let injured people recover something even if they were mostly at fault. Under section 768.81(6), a person found more than 50 percent at fault for their own harm generally cannot recover any damages in a covered negligence case. The change applies to most negligence cases filed after March 24, 2023.

How it works in practice

• 20% at fault: you can recover, reduced by 20%.
• 50% at fault: you can still recover, reduced by 50%.
• 51% at fault: generally no damages in a covered negligence case.

Here is a simple illustration, not a prediction. If a jury values your damages at $100,000 and assigns you 30% of the fault, your recovery would be reduced to $70,000. Some claims, such as medical negligence, are treated differently, so check the statute for your type of claim.

Florida no-fault car insurance (PIP)

Florida is a no-fault state for car accidents. Your own Personal Injury Protection (PIP) coverage pays part of your medical costs and some lost income no matter who caused the crash. Most registered vehicles must carry at least $10,000 in PIP and $10,000 in property damage liability (see section 627.733 and section 627.736).

The 14-day rule

PIP medical benefits generally require that you receive initial services and care within 14 days after the accident. Waiting longer can cost you PIP benefits, so get checked promptly even if the pain seems minor.

What PIP pays

• 80% of reasonable expenses for medically necessary treatment.
• Up to $10,000 in medical benefits if a qualified provider determines you had an emergency medical condition, and a lower limit of $2,500 if you did not.
• Partial lost-income benefits and a $5,000 death benefit.

Because of the no-fault system, a lawsuit against the other driver for pain and suffering generally requires meeting the injury threshold in section 627.737, such as a permanent injury.

Is no-fault going away?

Bills to repeal PIP and require bodily injury coverage have been filed in several sessions, including 2025 and 2026, but none has become law. As of October 2026, PIP is still required. Because this could change, check the Florida Legislature's website and your insurer before relying on this.

Wrongful death in Florida

Florida's Wrongful Death Act (sections 768.16 to 768.26) allows certain family members to recover when a death was caused by someone else's wrongful act or negligence. The lawsuit is filed by the personal representative of the estate (section 768.20), generally within 2 years of the death. Section 95.11(11) removes the time limit for certain claims based on intentional killings.

Claims against Florida government agencies

If a state agency, county, city or other public body caused your injury, Florida's sovereign immunity law applies (section 768.28). Two points catch many people off guard:

• Written notice comes first. You generally must present the claim in writing to the agency, and for most state-level claims also to the Department of Financial Services, within 3 years after the claim accrues, before you can sue. For wrongful death, the notice to the Department of Financial Services is due within 2 years.
• Payments are capped. The statute limits recovery to $200,000 per person and $300,000 per incident. Amounts above the caps generally need further action by the Legislature.

Frequently asked questions