Florida at a glance
Florida allows two years for an action founded on negligence and two years for wrongful death.[1] A person found more than 50% at fault for their own harm cannot recover, except in medical negligence cases.[2] Florida is a no-fault state: PIP pays up to $10,000 in medical and disability benefits,[3] and a lawsuit for pain and suffering after a crash requires an injury that meets the statutory threshold.[4]
Filing deadlines
Florida Statutes § 95.11(5)
WITHIN TWO YEARS.— (a) An action founded on negligence. … (e) An action for wrongful death.
Source: [1]
Claims against the state, its agencies and subdivisions follow § 768.28. The claimant must present the claim in writing to the agency, and also to the Department of Financial Services in most cases, “within 3 years after such claim accrues.”[5] The lawsuit itself must generally be filed within four years, except that wrongful death and medical malpractice actions follow the limits in § 95.11(5).[5]
Shared fault
Florida Statutes § 768.81(6)
In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.
Source: [2]
Damage caps
Government defendants. Under § 768.28(5)(a), the state and its agencies and subdivisions are not liable to pay a claim or judgment by any one person exceeding $200,000, or $300,000 for all claims arising out of the same incident.[5]
Punitive damages. Section 768.73 generally limits punitive damages to the greater of three times compensatory damages or $500,000, with higher limits for conduct motivated solely by unreasonable financial gain and no cap where the defendant had a specific intent to harm.[6]
No-fault auto insurance
Florida PIP pays up to $10,000 in medical and disability benefits, covering 80% of reasonable medical expenses and 60% of lost gross income. Medical benefits require initial care within 14 days after the crash, and benefits are limited to $2,500 unless a provider determines that the injured person had an emergency medical condition.[3]
Tort threshold: § 627.737(2)
only in the event that the injury or disease consists in whole or in part of: (a) Significant and permanent loss of an important bodily function. (b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. (c) Significant and permanent scarring or disfigurement. (d) Death.
Source: [4]
For a head injury, these two rules work together: the first determines whether PIP medical benefits are available, and the second determines whether a claim for pain and suffering can be brought against the at-fault driver.[3][4]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Florida Statutes § 95.11. Online Sunshine (Florida Legislature). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
- Florida Statutes § 768.81. Online Sunshine (Florida Legislature). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
- Florida Statutes § 627.736. Online Sunshine (Florida Legislature). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html
- Florida Statutes § 627.737. Online Sunshine (Florida Legislature). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html
- Florida Statutes § 768.28. Online Sunshine (Florida Legislature). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.28.html
- Florida Statutes § 768.73. Online Sunshine (Florida Legislature). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.73.html
Sources last checked: October 11, 2026
