How Long Do I Have to File a Child Injury Case in Florida? (Shorter Than Most Parents Think)
Parents call us a year, two years, sometimes five years after a child was hurt, and they often say the same thing: “I thought we had until she turned 18.” It’s one of the most common and most costly misunderstandings in Florida child injury law.
The general rule: two years
For most negligence claims in Florida, including a child hurt in a crash, a fall, a dog bite, or a supervision failure at school or daycare, the lawsuit must be filed within two years of the injury. That rule applies to injuries on or after March 24, 2023; older injuries fall under the previous four-year period.
The deadline runs from the date of the injury. It does not start at the child’s 18th birthday, and it does not pause because the injured person is a minor.
Why parents think it waits
Florida’s tolling statute does pause the deadline for a minor in one situation: when the child has no parent, guardian or guardian ad litem able to bring the claim. The Florida Supreme Court confirmed in 2018 that this exception is narrow; it protects children with no one to act for them, not every child. If you are reading this, your child has a parent, and the exception almost certainly does not apply.
The exceptions that do exist
Medical malpractice, including birth injuries, runs two years from when the injury was or should have been discovered, with a four-year outer limit and a special protection for young children.
Government defendants, such as a public school, a city park or a sheriff’s office, require written notice before suit, on a shorter timeline, and cap the damages they pay.
Defendants who hide their identity or leave the state can pause the clock.
Product defects have their own repose period measured from when the product was first sold.
None of these help a family that simply waited.
The real deadline is the evidence deadline
Two years is the legal limit. The practical limit is days. School surveillance systems overwrite in a week or two. Daycare sign-in sheets get purged. A broken pool gate is fixed the morning after. Child witnesses forget. The strongest child injury cases we handle are the ones where a parent called in the first week and we sent preservation letters before anything disappeared.
What to do now
If your child was hurt and it has been less than two years, call us today for a free, confidential consultation with an attorney. If it has been longer, call anyway; an exception may apply, and the only way to know is to ask. No fee unless we recover compensation; costs and expenses may apply.
Related: Jacksonville child injury lawyer · School and daycare injuries
By Shannon Schott, attorney Board Certified in Juvenile Law by The Florida Bar.