Florida Statute 95.11
“Limitations other than for the recovery of real property”
What it means
This is Florida's master clock for lawsuits. The periods that matter most in estate work: 2 years for wrongful death, negligence, and professional malpractice; 4 years for fraud, most intentional torts, and the catch-all for actions not otherwise listed; 5 years for written contracts; 20 years to enforce a Florida court-of-record judgment. Medical malpractice gets its own discovery rules inside the 2-year period, with a 4-year outside cap (7 with fraud) and a carve-out through a child's eighth birthday.
One probate-shaped exception: wrongful death caused by acts described in the murder or manslaughter statutes may be brought at any time (§95.11(11)).
- 2 years: wrongful death (§95.11(5)(e)), negligence, and professional malpractice.
- Medical malpractice: 2 years from incident or discovery, never more than 4 years out (7 for fraud or concealment), with a carve-out through a child's 8th birthday.
- 4 years: fraud, most intentional torts, statutory liability, and any action not specifically listed.
- 5 years: actions on written contracts. 20 years: a judgment of a Florida court of record.
- No time limit: wrongful death from acts described in §782.04 or §782.07 — murder and manslaughter (§95.11(11)).
How it plays out
Two clocks run at once after a death: this one and probate's own creditor bar under §733.702 and §733.710. A family weighing a wrongful-death case has 2 years, and the period doesn't pause while they decide who will serve as personal representative — yet under §768.20 the PR must exist before the suit can be filed. We open the estate first and fast. On the defense side, a claim already time-barred under §95.11 when the person died stays barred; probate never revives it.
Where this shows up
Pages on this site where § 95.11 does real work:
Related sections
Questions people ask
