If you’re hurt because someone else was careless, one of the most important legal deadlines you’ll face is the statute of limitations — the time you have to file your lawsuit. In Florida, this timeline determines whether you can file a lawsuit to seek compensation for your injuries. Miss the deadline, and in most cases, your claim will be barred forever. This article will explain all you need to know to protect your rights if you’ve been injured.

What Is a Statute of Limitations?

A statute of limitations is a law that limits the amount of time you have to bring a lawsuit after an injury or wrongful act. These laws exist to ensure that cases are filed while the evidence is fresh and the facts are still clear. Florida’s statutes are found in Florida Statutes § 95.11 and related provisions.

Florida’s Current Personal Injury Deadlines

Please note that legal statutes can change. This article reflects facts as of the time of this writing. Please call an experienced personal injury firm if you need information.

Two Years for Most Personal Injury Claims: As of March 24, 2023, Florida significantly changed the filing deadlines for personal injury lawsuits. Under House Bill 837, most negligence-based personal injury claims — such as car accidents, slip and fall injuries, dog bites, and other common accidents — must now be filed within two years from the date of your injury. This two-year rule applies whether the injury occurred on a highway, in a parking lot, at a business, or in someone’s home. The clock starts running on the date of the accident or injury, unless an exception applies.

Exceptions & Special Rules: Not all personal injury claims fall under the same two-year deadline. Florida law includes several important exceptions you need to know.

Medical Malpractice: Medical malpractice claims follow a slightly different rule. You usually have two years from the date you discovered (or reasonably should have discovered) the malpractice, but no more than four years from the actual date of the medical error — this is known as a statute of repose. So if the injury wasn’t immediately evident, the clock might begin when symptoms show up — but you still can’t wait more than four years.
Wrongful Death Claims: If someone dies because of another’s negligence (like in a fatal crash or other accident), the statute of limitations for a wrongful death lawsuit is two years, running from the date of death, not the date of the injury itself.
Claims Involving Government Entities: If your injury was caused by a state or local government agency, you cannot just file a lawsuit right away. You must file a notice of claim with the government entity within a specific period (often six months), and in many cases you must wait a set number of days (commonly 180 days) before you can file a lawsuit. Failure to follow these rules can mean the loss of your right to sue the government.
Minors and Disabled Persons: Florida law may “toll” (pause) the statute of limitations for injured persons who are under the age of 18 at the time of injury, or legally incapacitated. This tolling may give additional time to file, but not more than seven years from the date of injury in most cases.

What Happens If You Miss the Deadline regarding Stature of Limitations?

Missing the filing deadline is very serious. If you file after the statute of limitations has expired, the defendant will almost certainly ask the court to dismiss your lawsuit. The court will usually grant that request, meaning you lose your right to recover compensation, even if your injury was severe and your case was strong. It doesn’t matter whether you waited to negotiate a settlement first — you must file the lawsuit before the deadline, not just start settlement talks.

Probinsky & Cole Can Help

Understanding how long you have to file a personal injury claim in Florida is critical to protecting your rights. While most claims must now be filed within 2 years, certain types of cases — such as medical malpractice or those involving government agencies — have their own deadlines and requirements.

If you’ve been injured, don’t wait. Consult one of Probinsky & Cole’s knowledgeable attorneys today to discuss the merits of your case.