How Long Do You Have to File a Personal Injury Claim in Florida, Maryland, D.C. and New York?

In most cases, you have two years to file a personal injury lawsuit in Florida (for injuries after March 24, 2023) and three years in Maryland, Washington, D.C. and New York. Wrongful death claims generally must be filed within two years of the death in Florida, D.C. and New York, and within three years in Maryland. If a government body may be responsible, you may need to give written notice much sooner: in New York, within 90 days.

What is a statute of limitations?

A statute of limitations is the deadline to file a lawsuit. The clock usually starts on the date of the injury, or on the date of death for a wrongful death claim. If it runs out, the court will usually dismiss the case, no matter how strong it is.

Two things often surprise people:

• An insurance claim doesn’t stop the clock. Months of talks with an insurer don’t extend the deadline. If the claim doesn’t settle, a lawsuit must be filed in time.
• Other deadlines can come first. Claims against a government body, and some insurance benefits, have much shorter deadlines of their own.

What are the filing deadlines in each state?

These are general rules; exceptions can shorten or extend the deadline for a specific claim.

What if a government agency is responsible?

A crash with a city bus or police car, a fall on public property or a dangerous road can lead to a claim against a government body. These claims often require written notice before you can sue, and missing the notice deadline can end a claim even when the lawsuit deadline is years away. For falls and other property hazards, see our premises liability page.

The federal rule comes from 28 U.S.C. § 2401 and can apply to a crash with a U.S. Postal Service vehicle, for example.

Florida: two years for most injury claims

Florida’s 2023 tort reform law (HB 837) cut the deadline for negligence claims from four years to two (ch. 2023-15). The change applies to claims that arose after March 24, 2023, when the law took effect. Claims that arose on or before that date generally keep the four-year period, so some can still be filed into early 2027 (§ 95.11).

Wrongful death claims generally must be filed within two years of the death. There’s no deadline, though, for a wrongful death claim against a person who caused the death through an act of murder or manslaughter.

For claims against the state, a county or a city, you must first present the claim in writing to the agency (and, in many cases, to the Florida Department of Financial Services) within three years, or two years for wrongful death. The agency then generally has six months to respond, or 90 days in wrongful death cases, before you can sue (§ 768.28). Damages are capped at $200,000 per person and $300,000 per incident; a 2026 bill that would have raised those caps was vetoed (HB 145).

Maryland: three years for injury and wrongful death

Maryland gives you three years to file most civil claims, including personal injury (Cts. & Jud. Proc. § 5-101), and three years from the date of death to file a wrongful death claim (§ 3-904).

Government claims have an earlier step. For a county or city, the Local Government Tort Claims Act requires written notice within one year of the injury, stating the time, place and cause, delivered in person or by certified mail to the officials the law names (§ 5-304). For the State, you must submit a written claim to the State Treasurer within one year, and the claim must be denied before you sue (State Gov’t § 12-106). Courts can excuse late notice in limited situations, but that isn’t something to count on.

Washington, D.C.: three years, but two for wrongful death

Most injury claims in D.C. must be filed within three years, though claims for assault, battery and some other intentional harms have just one year (D.C. Code § 12-301). A wrongful death claim must be brought by the personal representative of the estate within two years of the death (§ 16-2702).

If the District government may be responsible, you must give written notice to the Mayor within six months of the injury, describing the approximate time, place, cause and circumstances. A written Metropolitan Police Department report made in the regular course of duty can count as notice (§ 12-309), but it’s safer not to rely on one.

New York: three years, with 90 days for government claims

Personal injury claims generally must be filed within three years (CPLR 214), and wrongful death claims within two years of the death (EPTL 5-4.1).

Did New York’s wrongful death law change in 2025 or 2026?

Not as of this writing. The Legislature passed the Grieving Families Act again in 2025. It would have extended the deadline to three years and let families recover for grief and loss of companionship. Governor Hochul vetoed it on December 5, 2025, her fourth veto of the bill (S4423). A new version was introduced in May 2026 but hasn’t passed (S10171).

Claims against New York government bodies

For claims against a city, county, town or village, you generally must serve a notice of claim within 90 days and sue within one year and 90 days (Gen. Mun. Law § 50-e; § 50-i). In wrongful death cases, the 90 days run from the appointment of the estate’s representative, and the lawsuit deadline is two years from the death. Claims against New York State go to the Court of Claims, where you generally must file and serve the claim, or serve a notice of intention to file one, within 90 days (Court of Claims Act § 10).

Can a deadline be paused or extended?

Sometimes, but the exceptions are narrow:

• Children: In Maryland, D.C. and New York, a child’s own injury claim can generally be filed until three years after the child turns 18 (Md. Cts. & Jud. Proc. § 5-201; D.C. Code § 12-302; CPLR 208), although government notice rules can still apply. Florida is stricter: a child’s claim generally isn’t paused if a parent or guardian could bring it (Fla. Stat. § 95.051).
• Late discovery: In limited situations, the clock may start when an injury was, or reasonably should have been, discovered.
• Criminal cases: In New York, if a criminal case is brought against the person who caused a death, the family has at least one year after it ends to file a wrongful death claim (EPTL 5-4.1).

What other deadlines can come up sooner?

• Florida PIP: initial medical care within 14 days of a crash to use PIP benefits (Fla. Stat. § 627.736).
• New York no-fault: written notice to the no-fault insurer within 30 days of the accident (N.Y. DFS).
• D.C. PIP: if you have PIP, 60 days to tell the insurer whether you’re electing PIP benefits (D.C. Code § 31-2405).
• Evidence: surveillance and traffic video is often overwritten quickly, so ask early for it to be preserved.

When to talk to an attorney

If you’re not sure which deadline applies, talk to an attorney sooner rather than later, especially if a government body, a death, a child or a crash in another state is involved. An attorney can identify every deadline, preserve evidence and file notices on time. If you’ve lost a loved one, our wrongful death page explains more.

Onx Law serves clients in Florida, Maryland, Washington, D.C. and New York. We evaluate each case individually and may represent you directly, work with co-counsel, or involve trusted counsel when that better serves your case. Contact us to talk through your situation.

This article is general information, not legal advice. Laws change, and the rules that apply depend on your facts.