How Long You Have to File a Personal Injury Lawsuit in Florida

After sustaining an injury due to someone else’s negligence, your immediate focus is likely on recovery, doctor’s appointments, physical therapy, and managing pain. However, in the background, a legal clock is ticking. If you are considering seeking compensation for your medical bills and lost wages, you must be aware of the strict deadlines enforced by Florida law.

This deadline is known as the statute of limitations. Recent changes to Florida law have significantly shortened this window, making it more critical than ever to act quickly. Here is everything you need to know about how long to file an injury lawsuit in Florida and why waiting can be a costly mistake.

The General Rule: Florida’s 2-Year Statute of Limitations

As of March 24, 2023, Florida significantly updated its laws regarding negligence claims. Under House Bill 837, the Florida personal injury lawsuit time limit is 2 years for most negligence cases.

Previously, victims had four years to file a suit. Now, if you are injured in a car accident, a slip and fall, or another incident caused by carelessness, you generally have exactly two years from the date of the accident to file a lawsuit against the at-fault party.

If you attempt to file a lawsuit after this two-year window has closed, the court will almost certainly dismiss your case, and you will be barred from recovering any compensation, regardless of how severe your injuries are.

Does the Old 4-Year Rule Ever Apply?

If your accident occurred before March 24, 2023, the old four-year statute of limitations likely still applies to your case. However, because calculating these dates can be complex, it is vital to consult with a legal professional to confirm exactly which deadline applies to you.

For expert guidance on your specific timeline, you can visit our Florida Personal Injury.

Exceptions: When the Deadline Might Change

While the two-year rule applies to the majority of cases, there are specific scenarios where the personal injury claim deadline in Florida for negligence may be extended or shortened.

1. The “Discovery Rule”

Sometimes, an injury does not manifest immediately after an accident. Under Florida’s “Discovery Rule,” the statute of limitations may not begin until the moment you knew or reasonably should have known that you were injured and that the injury was caused by negligence. This is common in cases involving exposure to toxic substances or complex medical issues.

2. Claims Against Government Entities

If your injury was caused by a government employee or agency (such as a city bus accident or a slip and fall in a public building), the rules are stricter. You generally have three years to file a formal “Notice of Claim” with the agency.

However, you must undergo a mandatory 180-day investigation period after filing this notice before you can file a lawsuit. Because of these procedural hurdles, you should not assume you have extra time; initiating these claims immediately is crucial.

3. Minors and Incapacitated Individuals

If the victim is a minor (under 18) or mentally incapacitated at the time of the accident, the statute of limitations personal injury Florida laws may “toll” (pause) the clock. The time limit generally does not start running until the minor turns 18 or the incapacitation ends. However, there is usually a maximum limit (statute of repose) on how long a claim can be delayed, often capped at seven years.

Why You Should Not Wait Until the Deadline

Just because the law gives you two years does not mean you should wait that long to hire an attorney. Building a strong case takes time, and evidence can deteriorate quickly.

• Fading Memories: Witnesses may forget critical details about the accident within months, let alone two years.
• Lost Evidence: Surveillance footage is often overwritten within weeks. Physical evidence (like skid marks or vehicle damage) disappears.
• Insurance Negotiations: Your attorney needs time to negotiate with insurance companies before filing a lawsuit. If you wait until the last minute, you lose the leverage to negotiate a settlement and are forced into litigation immediately.

If you are wondering what steps to take immediately following an incident to protect your timeline, review our After Car Accident Checklist.

The Consequences of Missing the Deadline

The statute of limitations is rarely flexible. If you miss the Florida personal injury lawsuit time limit of 2 years, the opposing party will file a “motion to dismiss.” The court is legally required to grant this motion in almost all cases, meaning:

• You lose the right to sue.
• You lose all leverage in insurance negotiations (the insurer knows you can no longer take them to court).
• You will be personally responsible for all medical bills and lost income related to the injury.

How United Law Group Helps

Navigating the shorter two-year deadline and understanding the nuances of Florida’s legal system can be overwhelming while you are trying to heal. At United Law Group, we ensure you never have to worry about a missed deadline.

Our team moves fast to preserve evidence, handle all communications with insurance companies, and file the necessary legal paperwork well within statutory limits. We evaluate the true value of your claim to ensure you aren’t settling for less than you deserve.

To understand more about how we advocate for our clients, you can read our guide on How to Choose a Personal Injury Attorney.

Don’t let the clock run out on your rights. If you or a loved one has been injured, contact us today for a Free Case Evaluation.