How Long Do You Have to Sue Someone in Florida: Understanding the Statute of Limitations

If you have been wronged—financially, personally, or contractually—you might be wondering, “How long do I have to sue someone in Florida.” The answer depends on the type of case. Florida law places strict time limits, known as the statute of limitations, on how long you have to file a lawsuit. Once that deadline passes, your right to sue may be permanently lost. At Barnes Walker, our attorneys help clients understand these timelines and take timely action to preserve their legal rights.

What Is a Statute of Limitations

The statute of limitations is a law that sets a specific period during which a lawsuit must be filed. It ensures that legal claims are pursued while evidence is still fresh and witnesses are available. If you wait too long, the court will typically dismiss your case—no matter how valid it might be. This is why consulting an attorney early is essential when a dispute arises.

General Time Limits for Filing Lawsuits in Florida

Florida’s statutes of limitations vary depending on the type of legal claim. Below are some of the most common time limits under Florida law:

Type of Claim	Time Limit to File	Governing Statute
Breach of Written Contract	5 years	Florida Statutes §95.11(2)(b)
Breach of Oral Contract	4 years	Florida Statutes §95.11(3)(k)
Property Damage	4 years	Florida Statutes §95.11(3)(a)
Personal Injury or Negligence	2 years	Florida Statutes §95.11(4)(a)
Fraud or Misrepresentation	4 years	Florida Statutes §95.11(3)(j)
Defamation or Libel	2 years	Florida Statutes §95.11(4)(g)
Debt Collection or Promissory Note	5 years (written) or 4 years (oral)	Florida Statutes §95.11(2)(b), (3)(k)
Real Estate or Title Disputes	4 years (varies by claim)	Florida Statutes §95.11(3)
Medical Malpractice	2 years from discovery, max 4 years	Florida Statutes §95.11(4)(b)

When Does the Clock Start Running

The statute of limitations generally begins when the injury or breach occurs—not when you first discover it. However, Florida law provides exceptions for certain cases, such as fraud or professional malpractice, where the clock may start at the time you discovered (or should have discovered) the wrongdoing. This is called the “discovery rule.”

What Happens if You Miss the Deadline

If you file a lawsuit after the statute of limitations expires, the defendant can file a motion to dismiss your case. Courts almost always grant these motions, leaving you with no legal remedy. Even if the other party clearly caused you harm, waiting too long can permanently bar your claim. For this reason, it’s critical to consult an attorney as soon as you believe you have a case.

Exceptions That May Extend the Deadline

Some circumstances can pause (or “toll”) the statute of limitations in Florida. These exceptions include:

• The defendant is out of state and cannot be served
• The plaintiff is a minor or declared legally incapacitated
• Fraudulent concealment by the defendant prevented discovery of the claim
• Pending bankruptcy proceedings or ongoing settlement negotiations

While tolling may extend the deadline, these exceptions are narrowly interpreted by Florida courts. Always verify time limits with an attorney to ensure compliance.

Why Acting Quickly Matters

Delaying legal action can harm your case in several ways. Evidence can be lost, memories fade, and key witnesses may become unavailable. Early action allows your attorney to gather documentation, preserve records, and negotiate from a position of strength. Even if you hope to resolve a dispute outside of court, consulting a litigation attorney early ensures that your rights remain protected should formal action become necessary.

How Barnes Walker Can Help

At Barnes Walker, our attorneys handle a wide range of civil, business, and real estate disputes across Florida. We help clients understand filing deadlines, evaluate potential claims, and take decisive legal steps before time runs out. Whether your case involves a contract dispute, property claim, or financial loss, our team ensures your matter is filed properly and on time.

Not sure how much time you have to file a lawsuit. Contact Barnes Walker today to schedule a consultation. Our attorneys will review your situation, explain your options, and help you act before the statute of limitations expires.

See also: How to Sue Someone in Florida

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Sources

• Florida Statutes Chapter 95 — Limitations of Actions
• The Florida Bar — Understanding Florida Civil Lawsuits
• Super Lawyers — How Long Do You Have to Sue Someone in Florida
• Florida Statutes §95.11 — Time Limitations for Civil Actions
• The Florida Bar Journal — The Discovery Rule in Florida Civil Litigation