Estatuto de limitaciones por negligencia en Florida: lo que necesita saber

You’re finally feeling well enough to think about legal action after your Tampa accident, but when you start investigating, you discover the security cameras were “updated” last month, and the old footage is gone. The witness who helped you that day? Their phone number is disconnected. The brutal truth about negligence cases is that the evidence needed to win often disappears before the filing deadline looms, which is why at Ley de Armas, we always tell our clients that even though you have 2 years to file, it’s better to act quickly. Curious to learn about how negligence is defined, how to prove it, or what accrual vs. discovery means? Find the answers below + answers to the most common questions we get asked by our clients.

What “Negligence” Really Means Under Florida’s 2-Year Clock

In legal terms, negligence is the failure to use “reasonable care” that any prudent person would exercise under similar circumstances. For instance, a distracted driver on I-4 or a Tampa property owner ignoring a dangerous leak are situations in which “reasonable care” isn’t being taken to protect those around them. The foundation of your negligence claim is in proving that their carelessness directly resulted in your injury.

How Is Negligence Proved Under Florida Law? 4 Key Elements

To win a settlement or verdict, Florida Statute §95.11 requires you to file your negligence lawsuit within 2 years (reduced from 4 years under HB 837). For a deep dive into every specific deadline by case type, see our Full Guide to Florida Statute of Limitations. To succeed in your claim, you must prove the following 4 key elements:

1. Duty of Care: This is the legal foundation of your case. It is the specific obligation one person has to refrain from harming another. While not everyone owes you “care” in every situation, the law creates clear requirements in common accidents: drivers must operate vehicles safely, property owners must keep their premises hazard-free, and professionals must provide competent service.
2. Breach of Duty: Even if duty existed, you must prove the defendant actually failed to meet that standard by showing their conduct fell below what a reasonable person would have done. This foundation is fragile because proving breach requires physical evidence that often disappears quickly.
3. Causation (Factual & Legal): You must prove their breach directly caused your injury (the “but-for” test) AND that your injury was a foreseeable result of their negligence. If you wait months to seek treatment or legal counsel, insurance companies will use that gap to create alternative theories, arguing your injuries stem from intervening events to shift fault percentage toward you and trigger the 51% fault bar under Florida Statute §768.81.
4. Damages: You must have suffered actual, compensable harm—no damages means no recovery, even with clear negligence. Under Florida’s recent tort reform (Proyecto de ley HB 837), juries can now only see amounts actually paid for past medical bills (not the inflated “billed” amounts), insurance-negotiated rates, and Medicare/Medicaid rates. This makes the real-time collection of Explanation of Benefit (EOB) forms, co-pay receipts, and pharmacy logs necessary, as reconstructing these records 2 years in is a paperwork nightmare that can delay your settlement.

Why Does This Legal Framework Matter? Unlike strict liability cases, where fault is automatic (such as dog bite cases under Florida Statute §767.04), negligence requires proving human conduct and decision-making. This makes evidence preservation critical because negligence cases depend on showing what someone did or failed to do in specific moments with evidence that exists in the real world and deteriorates over time.

How Quickly Does Evidence Actually Vanish? Why Early Action Empowers Negligence Cases

Taking early action is the most effective way to put the power back in your hands after an accident. By proactively securing the details while they are fresh, you aren’t just meeting a deadline—you are building an undeniable story of what happened. At De Armas Law, we know that navigating evidence can be confusing, which is why we categorize it by “shelf life” so you can understand what needs immediate attention:

1. Immediate Evidence (Days to Weeks): This category includes highly perishable information that automated systems or strict legal windows can quickly erase. For example, video documentation from local businesses that is often overwritten in as little as 7–30 days, black box data from commercial trucks can be permanently lost if the vehicle remains in service for more than a few weeks, and police and crash reports must be filed within 10 days under Florida Statute §316.066. Police reports remain confidential for the first 60 days, accessible only to involved parties and their attorneys. We secure this record within the first week to verify witness contact info and citations while the officer’s memory is fresh—ensuring the official record is accurate from the very start.
2. Short-Term Evidence (1-6 Months): This evidence captures the clarity of the facts before the environment changes or people’s memories begin to fade. Key examples include witness statements, which are most reliable when recorded shortly after the event; scene documentation that “freezes” the conditions of the accident site before hazards are repaired; and digital records, such as maintenance or cleaning logs, which we promptly request before they are potentially purged during routine company software updates.
3. Long-Term Evidence: These elements provide the ongoing proof needed to justify the full value of your claim throughout the legal process. Examples include tracking your past medical expenses via EOB forms and receipts to ensure every dollar is accounted for under Florida Statute §768.0427; documenting the non-economic impact of your injury through “pain journals” to prove the intangible harm to your quality of life; and expert collaboration, where we use the high-quality photos and data secured on day one to build an accurate and professional accident reconstruction.

When Does a Negligence Claim “Accrue”? (Accrual vs. Discovery)

Según el Estatuto de Florida §95.031(1), a negligence claim legally begins “when the last element constituting the cause of action occurs”—typically, your accident date when the defendant’s breach caused your injury. However, because some injuries are “latent” and hidden from plain view, Florida courts apply a narrow Discovery Rule. This rule can pause your 2-year clock until you discover (or reasonably should have discovered) both that you were injured and that someone else’s wrongful act caused it. Examples of injuries that fit this include:

• Latent Lesiones Cerebrales: Concussion symptoms from a crash that don’t manifest as cognitive disabilities until weeks later, when you attempt to return to work.
• Toxic Exposure: Respiratory issues or illnesses caused by hidden mold or negligent chemical exposure in rental properties that take months to develop.
• Hidden Premises Issues: Structural failures or “slip and trip” hazards not visible to a visitor but known to a negligent property owner.

Reality Check: Florida courts apply the discovery rule extremely narrowly. Insurance companies often argue that an injury “should have been discovered” much sooner to try to disqualify your claim. Rather than relying on a legal exception, the safest way to protect your right to recovery is to establish your timeline early. Contacto De Armas Law for a professional case evaluation to confirm your filing deadlines and ensure your evidence is preserved.

FAQ About Florida’s Negligence Statute of Limitations

Here are the most common timing questions we hear from Tampa and Orlando clients:

1. When Does the Negligence Clock Start In Tampa or Orlando Uber Accidents? The clock starts when the accident occurred, regardless of when Uber or other insurers begin their investigations.
2. Can I File a Negligence Lawsuit Against a Contractor Who Left Florida State? Yes, and their departure from Florida may actually toll (pause) your statute of limitations under §95.051(1)(a) until they return or can be properly served.
3. If a Tampa Business Was Sold After My Accident, Can I Sue The Original Owner After The 2-Year Deadline? No, the sale doesn’t extend your deadline. You must file against the responsible party within 2 years of your accident, regardless of business ownership changes.
4. What Happens If I Discover the Negligent Party Lied About Their Insurance Coverage or Gave False Information? Fraudulent concealment might toll your deadline under very limited circumstances, but this requires proving active deception beyond mere non-disclosure.
5. If My Negligence Case Involves a Defective Car Part, Do I Have Different Deadlines For Driver vs. Manufacturer? Both negligence (against the driver) and product liability (against the manufacturer) generally now share the same 2-year deadline under Florida law, but you must identify and sue both within your limitations period.

Protect Your Negligence Claim Before Evidence Vanishes—Contact De Armas Law

When negligence upends your life, you shouldn’t have to fight a ticking clock while trying to heal. In Florida, the 2-year statute of limitations is only the final deadline; the real battle is securing evidence before it vanishes. Attorney Jonathan De Armas uses his insurance defense background to identify the critical proof that insurers often use to shift blame, immediately locking down evidence to protect your right to recovery. Llama a De Armas Law for a free consultation at Tampa 813-680-7777, Orlando 407-362-7777, or Pinellas: 727-260-7777.

Available 24/7; no fee unless we win.