Hurt, wronged, or owed money
THINKING ABOUT SUING
What Florida law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
Suing over negligence
- From
- The claim accruing; what starts, pauses or restarts the period is not set out in this guide
The period for an action founded on negligence. The statute lists many other periods for other actions, and claims against the government have their own.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
4 years
Suing over personal property taken or damaged
- From
- The claim accruing; what starts, pauses or restarts the period is not set out in this guide
The period for an action for taking, detaining or injuring personal property. The same section sets a separate period, two years, for an action founded on negligence.
A written contract
A signed agreement, a lease, a written estimate or invoice.
5 years
Suing on a written contract
- From
- The claim accruing; what starts, pauses or restarts the period is not set out in this guide
The period for an action on a contract, obligation or liability founded on a written instrument. The statute lists many other periods for other actions.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
4 years
Suing on a contract not founded on a writing
- From
- The claim accruing; what starts, pauses or restarts the period is not set out in this guide
The period for an action on a contract, obligation or liability not founded on a written instrument, including store accounts.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Florida guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
3 years
Presenting a claim against the state or a local government
- From
- The claim accruing
An action on a claim against the state or one of its agencies or subdivisions may not be filed unless the claim was first presented in writing to the appropriate agency within this period and denied in writing. A wrongful death claim is presented within 2 years, and a claim for contribution has its own period.
Step 2
4 years
Suing the state or a local government
- From
- The claim accruing
A claim for damages for a negligent or wrongful act or omission is forever barred unless the civil action is commenced within this period. Actions for medical malpractice or wrongful death have the shorter limits of section 95.11.
SMALL CLAIMS COURT
The Florida guide does not have a page on small claims yet, so its limit is not stated here.
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Florida attorney.