Injury Law

How Long Do I Have to File a Personal Injury Claim in Florida, Georgia, or New York?

By Jim Kelleher · September 29, 2025 · 4 min read

The general statute of limitations for most personal injury claims is two years from the date of the injury in Florida and Georgia, and three years in New York. (Florida shortened its negligence statute of limitations to two years in March 2023; Georgia's two-year rule is set by O.C.G.A. § 9-3-33.) Miss the deadline, and the case is gone — no matter how strong it was.

That's the rule that gets quoted everywhere. But the exceptions are where people actually lose claims.

Claims against government entities — cities, counties, the state, or their employees — require a written notice in a much shorter window in all three states. Failing to give that notice on time can bar the claim entirely.

Medical malpractice claims have their own peculiar timing — including presuit notice and expert affidavit requirements in Florida, an expert affidavit requirement at filing in Georgia (O.C.G.A. § 9-11-9.1), and a certificate of merit requirement and a shorter, two-and-a-half-year deadline in New York.

Minors generally have additional time to bring their own claims after they turn 18, but a parent's claim for medical bills paid on the minor's behalf may have a shorter window.

Wrongful death claims have their own statutes, and the rules differ depending on who survives the deceased and how the estate is structured.

The lesson: don't wait. And don't assume the two-year rule is your deadline — confirm it with a lawyer.

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