On March 24, 2023, Governor Ron DeSantis signed HB 837 into law, ushering in one of the most important reform bills in the state’s history. The new law represents significant changes to long-standing Florida civil tort law in several areas, with the most impactful related to the statute of limitations regarding personal injury negligence cases. In short, the new law reduced the longstanding Florida statutes for negligence claims from four years down to two years.
Florida Statutes of Limitations Defined
A statute of limitations establishes a stringent time limit within which a cause of action must be initiated. The limitation period is directly correlated to the date on which the cause of action accrued, setting an outer limit for potential legal action. A lawsuit filed after the statute of limitations has run out will be dismissed, and no recovery will be permitted. Therefore, it is vital for plaintiffs to file a lawsuit on their claims before the statute of limitations expires and for defendants to be cognizant of the possible application of the statute of limitations in defending themselves against claims.
In recent decades, the statute of limitations on negligence claims in Florida had been four years from when the cause of action occurred. However, effective March 24, 2023, Fla. Stat. § 95.11, was changed to lower the statute of limitations for negligence claims from four years down to half of that time – or two years. This typically means that a plaintiff who doesn’t file their negligence lawsuit within two years will be barred from bringing the suit under the new set of rules. This alteration to the statute of limitations applies to general negligence claims, which are comprised of the vast majority of personal injury claims due to negligence – most often, car accidents and slip and fall incidents. A cause of action for negligence usually accrues when the plaintiff is injured or incurs damages due to the negligent act or omission of the defendant.
According to H.B. 837, the new statute of limitations rules do not apply to negligence claims which accrued prior to the effective date of the new statute. (March 24, 2023). That is, the changes only apply to causes of action accruing after that effective date, and any actions prior to that date will still be allowed the 4-year limit.
This change to Florida’s longstanding statute of limitations for negligence, reduced from four years to two years, is a significant change regarding Florida tort law. For the most part, claimants who have suffered injury associated with the alleged negligence of an individual or entity after March 24, 2023, will be given two years to initiate a lawsuit. Injured parties, defendants, and insurance companies must be aware of this change to the state’s tort system, as it will have a significant impact on negligence claims going forward.
More Important Than Ever to Consult an Attorney
It has long been the recommendation of legal experts that victims of an accident due to negligence consult a personal injury attorney as soon as possible. There are many reasons for being proactive about legal representation, including:
- They can speak to insurance companies on your behalf
- They have knowledge regarding appropriate payouts and awards.
- They can give advice as to how to proceed to protect your compensation and rights.
- They can help collect time-sensitive evidence.
- They can advise as to whether to proceed with a lawsuit or not.
- They will keep you on a strict timeline to protect your outcome.
When you call a personal injury attorney soon after your accident, you give yourself the best chance at building a strong and successful case. If you have been injured and need more information about how to proceed, call Probinsky & Cole today for more information on the current Florida statutes.
