Chapter 95 — Time Limits on Lawsuits

Florida Statute 95.11

“Limitations other than for the recovery of real property”

Chapter 2023-15, Laws of Florida, cut the general negligence period from 4 years to 2 for causes of action accruing after March 24, 2023.

What it means

This is Florida's master clock for lawsuits. The periods that matter most in estate work: 2 years for wrongful death, negligence, and professional malpractice; 4 years for fraud, most intentional torts, and the catch-all for actions not otherwise listed; 5 years for written contracts; 20 years to enforce a Florida court-of-record judgment. Medical malpractice gets its own discovery rules inside the 2-year period, with a 4-year outside cap (7 with fraud) and a carve-out through a child's eighth birthday.

One probate-shaped exception: wrongful death caused by acts described in the murder or manslaughter statutes may be brought at any time (§95.11(11)).

— What it says

2 years: wrongful death (§95.11(5)(e)), negligence, and professional malpractice.
Medical malpractice: 2 years from incident or discovery, never more than 4 years out (7 for fraud or concealment), with a carve-out through a child's 8th birthday.
4 years: fraud, most intentional torts, statutory liability, and any action not specifically listed.
5 years: actions on written contracts. 20 years: a judgment of a Florida court of record.
No time limit: wrongful death from acts described in §782.04 or §782.07 — murder and manslaughter (§95.11(11)).

— In a real probate

How it plays out

Two clocks run at once after a death: this one and probate's own creditor bar under §733.702 and §733.710. A family weighing a wrongful-death case has 2 years, and the period doesn't pause while they decide who will serve as personal representative — yet under §768.20 the PR must exist before the suit can be filed. We open the estate first and fast. On the defense side, a claim already time-barred under §95.11 when the person died stays barred; probate never revives it.

Where this shows up

Pages on this site where § 95.11 does real work:

Related sections

§ 768.16Wrongful Death Act § 768.20Parties § 733.702Limitations on presentation of claims § 733.710Limitations on claims against estates § 766.106Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review § 46.021Actions; surviving death of party

Questions people ask

How long do you have to file a wrongful death lawsuit in Florida?

Two years under Florida Statute 95.11(5)(e), generally running from the death. The big exception: when the death results from acts described in the murder or manslaughter statutes (§782.04, §782.07), §95.11(11) allows the action to be brought at any time.

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 95.11