Did you know that time can stop your right to sue in Florida?

What this article will do for you

You will learn how long you have to sue someone in Florida. You will read plain facts. You will see clear examples. You will get steps that you can follow. You will see when you need a public adjuster and when you need a lawyer. You will get a simple checklist to protect your claim.

Why this matters to you

You have a home. Your home can get wet, broken, or hurt by wind. Your insurance should help. Your insurer should pay what your policy promises. If your insurer does not pay, you may need to sue. If you wait too long, the law will close the door. You will lose your right to claim money. Time matters.

Quick rule of thumb

Most lawsuits for injuries and property damage in Florida must start within four years. Contracts that are written give you five years. If you sue the government, you must act fast and meet special rules. These rules decide when the clock starts and when it stops.

Common time limits in Florida

Below is a simple table. The table shows the usual time limits you will hear about.

Type of claim	Time limit	Short example
Personal injury or negligence (including property damage)	4 years	Your roof blew off in a storm. You have 4 years to sue the person who caused damage.
Written contract (including many insurance policies)	5 years	Your insurer refuses a claim under your written policy. You have 5 years to sue on the contract.
Oral contract	4 years	You made a promise by speech and it broke. You have 4 years to sue.
Enforcement of a judgment	20 years	You won a court judgment. You have 20 years to collect with court help.
Claims against Florida government entities (tort)	Strict notice rules, then suit deadlines	You must file a notice of claim and follow special steps. Times can be shorter.

Where the four years comes from

Florida law sets many rules. One rule says you must bring actions founded on negligence within four years. This rule covers many cases. It covers car crashes, slip-and-fall, contractor mistakes, and most property damage. The rule aims to stop old claims when memories fade and evidence disappears.

Where the five years comes from

Contracts that are written use a five-year limit in Florida. Many insurance policies are written contracts. If you sue your insurer for failing to pay under your policy, you generally have five years. You will want to check your policy and the law. You should act before five years pass.

When the clock starts — the accrual rule

You do not always know when your clock starts. The clock starts when your claim “accrues.” That means when the facts exist that let you file a claim. In simple terms, the clock starts when you know, or should have known, that you were harmed.

If a tree falls on your roof on a Tuesday, your clock usually starts that Tuesday.
If a leak hides for months, the clock may start when you notice the leak or when a contractor tells you the leak began earlier.
If your insurer denies your claim in writing, the clock may start when the denial happened.

You should treat the accrual date carefully. If you wait, you may lose the right to sue.

The discovery rule in plain words

Sometimes harm stays hidden. Water can hide inside a wall. Mold can grow for months. In those cases, Florida may use the discovery rule. You get time from the day you find the damage or should have found it with reasonable care. The rule helps when damage is not obvious right away.

But the discovery rule does not let you wait forever. You must act within the legal limit after discovery. You must also show that you could not have found the problem sooner with normal care.

Special rule: written policy disputes with insurers

You must check whether your insurance claim is a contract claim or a tort claim. Most first-party insurance disputes are contract claims. If your case is a contract claim, you often have five years to sue. If you claim bad faith as a separate tort, the time limit can vary. You should talk to a lawyer if you plan to file a bad-faith claim. You should also get a public adjuster involved early. A public adjuster can document damage and talk with your insurer.

Claims against state and local government

Suing a government agency or employee uses special rules. You must file a written notice of claim. The notice usually must come within a short time after the harm. The notice tells the government that you plan to sue. The government then has time to investigate.

If you miss the notice deadline, you can lose the right to sue. The time to file the actual lawsuit can also be different from regular cases. You must act fast and follow the special steps carefully.

Tolling: when the clock pauses

Sometimes the legal clock stops for a while. This pause is called tolling. You can see tolling in these cases:

If you are a minor, the clock pauses until you turn 18.
If the defendant hides or leaves the state, the clock may pause.
If you file for bankruptcy, an automatic stay may pause many actions.
If you and the other side agree to toll time in writing, the clock can pause.

You must keep track. Tolling helps you, but it does not give you a free pass forever.

Examples you can picture

Example 1: Hurricane roof damage

A hurricane rips off shingles on June 1, 2021.
You file a claim with your insurer in June 2021.
The insurer denies payment on October 1, 2021.
Your policy is written.
You have five years from the denial or breach to sue on the policy. You should act well before 2026.

Example 2: Slow water leak

A pipe leaks slowly for months.
You see mold on the wall in January 2022.
You did not notice the leak earlier.
The discovery rule may start the clock in January 2022.
You may have four years from that date to sue for the property damage.

Example 3: Contractor mistake

A roofer installs flashing wrong in March 2020.
Water stains appear in July 2020.
You have four years from the date of harm to sue for negligence.

How a public adjuster helps you

You are not alone in these fights. A public adjuster works for you. The adjuster documents damage. The adjuster writes estimates. The adjuster talks to your insurer. The adjuster knows how insurance companies work. The adjuster helps prove your loss. The adjuster helps preserve your right to sue if you must.

If you wait to hire help, the insurer may deny things you could have proved. You should call a public adjuster early. A public adjuster can show you what to do next. A public adjuster can work with lawyers if you need them.

Otero Property Adjusting & Appraisals helps homeowners across Florida. You can call Otero at (850) 285-0405. Their address is 3105 W Michigan Ave, Pensacola, FL 32526. You can visit https://oteroadjusting.com/. Otero says that the first inspection is free. Otero only gets paid when you get paid. They handle hurricane damage, water damage, roof leaks, mold, and fires. They work on claims across Florida.

What you must do first after damage

Act fast. Do these steps in this order:

Protect life and safety. Call emergency services if needed.
Stop further damage when you can. Make temporary repairs and keep receipts.
Call your insurer to report the loss. Note the claim number.
Take clear photos and videos of the damage. Label them with dates.
Keep all bills, invoices, and receipts.
Get a public adjuster to inspect the damage. Otero offers a free inspection.
Keep a claim diary. Note calls, names, and dates.
If the insurer denies the claim or pays too little, contact a lawyer.
Check the statute of limitations and act before the time runs out.

You should do these steps quickly. These steps help your claim and protect your right to sue later.

How evidence helps your case and the time clock

You must show proof. Proof can be photos, videos, invoices, and expert reports. Proof helps you win the claim. Proof also shows when the loss happened. Proof can help you prove when the clock started. The better your proof, the stronger your claim.

A public adjuster can help gather proof. Otero will document your damage and explain the value of the damage to your insurer. Otero will prepare a strong claim file. This file helps you avoid having to sue, or helps if you must sue.

When to call a lawyer

You should call a lawyer if:

The insurer denies your claim.
The insurer pays far less than your loss.
The insurer ignores you for months.
You see bad behavior like false statements or fraud by the insurer.
Your deadline is near.

A public adjuster and a lawyer can work together. The adjuster builds the damage file. The lawyer uses that file to file suit. You should not wait until the last minute.

Common questions parents might ask

Q: If my child is hurt in a house accident, do I still have four years?
A: The clock pauses while a child is a minor. You have four years after the child turns 18.

Q: If I find mold years later, can I still sue?
A: You may be able to sue from the day you discovered the mold. You must act within the statutory limit from that day.

Q: If my insurer delays for years, what then?
A: Delay alone does not always change the deadline. Keep records of every delay. Get help from a public adjuster and an attorney.

Common mistakes people make

People make these mistakes again and again:

They wait until the deadline is almost gone.
They do not keep photos and receipts.
They trust the insurer without proof.
They miss notice rules for government claims.
They do not hire a public adjuster early.

Avoid these mistakes. They cost time and money.

How to check the right deadline for your claim

Identify the nature of your claim. Is it personal injury, property damage, or contract?
Check if the claim is against a private person, a company, or a government.
Ask when you first knew about the harm.
Ask a public adjuster and a lawyer if you are unsure.

If your case involves an insurance policy, assume five years for written policy disputes. Then act before that time ends.

A simple timeline for an insurance dispute

Day 1: Damage occurs. You report to the insurer.
Day 30 to 90: The insurer inspects and adjusts. You may hire a public adjuster.
Day 90 to 180: Negotiations occur. You may accept payment or get a denial.
If denied: You should consult a lawyer and prepare to sue before the contract deadline (often five years).
If accepted: You will get paid and the matter ends.

These steps show that you must act early and keep records.

What a public adjuster does on your claim

A public adjuster will:

Inspect your home.
Photograph damage.
Estimate repair costs.
Review your policy coverages and limits.
File proof of loss with your insurer if needed.
Negotiate with the insurer on your behalf.
Work with contractors to get repair estimates.

A public adjuster does not replace a lawyer. A public adjuster can save you time and increase your settlement. If you must sue, the adjuster’s file will help your lawyer.

How Otero Property Adjusting & Appraisals can help you

You can call Otero at (850) 285-0405 or visit https://oteroadjusting.com/. Otero serves homeowners across Florida. Otero inspects your damage for free. Otero charges no fee unless you recover money. Otero helps with hurricanes, water leaks, roof damage, mold, and fires. Otero knows how insurers think. Otero records the damage and the value of your loss. Otero helps preserve your right to sue, if necessary.

What to expect if you must sue your insurer

If you must sue, expect these steps:

Your lawyer files the complaint.
The court gives a schedule for discovery. Discovery means both sides exchange proof.
You may need expert reports about damage.
The case may settle at any time.
If the case goes to trial, a judge or jury decides.

Trials cost time and money. You should try to settle before trial. A public adjuster helps produce the strong evidence you need to settle or to win at trial.

Cost and fee notes

Public adjusters often work on contingency. They take a portion of the recovery. Lawyers also often work on contingency in insurance disputes. Contingency means you pay only if you recover money. Ask about fees early. Otero only gets paid when you get paid. Otero offers a free initial inspection. Write down the fee percentage and the services you will get.

Short checklist to protect your right to sue

Photograph the damage immediately.
Report the claim to your insurer in writing.
Save every receipt and invoice.
Get a public adjuster to inspect the damage.
Keep a diary of all calls and meetings.
Send a written request to the insurer if you do not get answers.
Check the statute of limitations and act early.
Talk to a lawyer if the insurer denies the claim.

How long you have to sue in plain steps

Figure out the cause of action (negligence, property damage, contract).
Look up the usual time limit (4 years for negligence; 5 years for written contracts).
Find the accrual date (when you knew or should have known).
Add any tolling you may have (minor, defendant out of state, etc.).
Act before the final deadline.

A few true stories in simple words

Story 1: The slow leak
Maria found hidden water under her kitchen floor one morning. The leak had started long before. Maria called a public adjuster. The adjuster found old photos on Maria’s phone that showed early stains. Maria used the photos and the adjuster’s report. The insurer then paid more. Maria did not have to sue.

Story 2: The denied hurricane claim
James lost his roof in a storm. His insurer denied the full claim. James waited two years and then tried to file suit. The court said he waited too long. James lost his right to sue. James wished he had called a public adjuster and a lawyer right away.

These stories show that early action helps.

Small FAQs you can read fast

Q: Can I extend the deadline by agreement?
A: Yes. You can agree to toll time in writing. Get the agreement in writing.

Q: Does the discovery rule always help me?
A: No. You must prove you could not have found the damage sooner.

Q: Can I sue for extra costs from a delayed claim?
A: Sometimes. You may seek damages beyond the repair cost. Talk to a lawyer.

Q: Will hiring a public adjuster stop the clock?
A: No. Hiring a public adjuster does not pause the statute. You must still watch the deadline.

Final plain advice

Do not wait. Protect your proof. Call a public adjuster early. If you must sue, do it in time. You should hire good help. A public adjuster builds your file. A lawyer files your suit if needed.

If you need help now, call Otero Property Adjusting & Appraisals. They offer a free inspection and they work for you, not the insurer. Their phone is (850) 285-0405. Their address is 3105 W Michigan Ave, Pensacola, FL 32526. You can visit https://oteroadjusting.com/. Otero serves homeowners across Florida. Otero only gets paid when you get paid.

You should contact a public adjuster if you see damage. You should check deadlines and talk to a lawyer if a lawsuit might be needed. Time can close the door. Act before the door locks.

How Long Do You Have To Sue Someone In Florida?