What is the statute of limitations for personal injury in Florida?

Understanding Florida’s Personal Injury Statute of Limitations

Imagine this: You’re injured in a car accident, slip and fall at a store, or suffer harm due to someone else’s negligence. You focus on recovery, but months later, you realize you may need to file a lawsuit to cover medical bills and lost wages. But is it too late?

That’s where the statute of limitations comes into play. In Florida, personal injury claims must be filed within a specific timeframe, or you risk losing your right to seek compensation. Let’s break down what you need to know.

What is the Statute of Limitations for Personal Injury in Florida?

A statute of limitations is the legal deadline for filing a lawsuit. In Florida, the statute of limitations for most personal injury cases was recently changed. As of March 24, 2023, under Florida House Bill 837, the deadline to file a personal injury lawsuit has been reduced from four years to two years (source).

This means that if you were injured due to another party’s negligence, you now have two years from the date of the accident to take legal action.

Does the Two-Year Limit Apply to All Personal Injury Cases?

Not necessarily. While the new two-year statute applies to most negligence-based claims, there are exceptions:

1. Medical Malpractice Claims

• The statute of limitations for medical malpractice cases in Florida is two years from the date the injury was discovered (or should have been discovered).
• However, there is a four-year overall cap (statute of repose), meaning you cannot file a claim more than four years after the incident, even if the injury was not immediately discovered.

2. Claims Against Government Entities

• If you’re filing a claim against a government agency (e.g., a city or state department), you typically have three years to do so.
• Before filing a lawsuit, you must submit a notice of claim and wait for a response.

3. Wrongful Death Claims

• The statute of limitations for wrongful death cases in Florida is two years from the date of death.

4. Product Liability Cases

• If you were injured due to a defective product, the standard two-year limit applies.
• However, there is a 12-year statute of repose for product liability claims, meaning that if a product is more than 12 years old, you may be barred from filing a claim.

Exceptions That Can Extend the Deadline

There are some scenarios where the statute of limitations might be extended:

• Minor Victims – If the injured party is a minor (under 18), the statute may be extended until they reach adulthood.
• Fraud or Concealment – If the defendant deliberately concealed their wrongdoing, the clock may start later.
• Mental Incapacitation – If the victim was mentally incapacitated at the time of injury, the deadline may be extended.

What Happens If You Miss the Deadline?

If you file a lawsuit after the statute of limitations expires, the court will likely dismiss your case, and you will lose the right to seek compensation. That’s why it’s crucial to act quickly and consult a personal injury attorney as soon as possible.

How to Protect Your Rights After an Injury

To ensure you don’t miss important legal deadlines, follow these steps:

1. Seek Medical Attention Immediately – Your health comes first. Plus, medical records will serve as key evidence in your case.
2. Document Everything – Take photos, collect witness information, and keep a record of medical bills and lost wages.
3. Consult an Attorney Early – A lawyer can help you understand deadlines and navigate the legal process.
4. File an Insurance Claim Promptly – Insurance companies often have their own deadlines for filing claims, separate from the statute of limitations.

Frequently Asked Questions (FAQs)

1. What if I didn’t realize I was injured until after the deadline?

In some cases, the discovery rule may allow you to file after the deadline, particularly in medical malpractice cases. However, exceptions are limited.

2. Does Florida have different deadlines for car accident injuries?

No, the two-year statute of limitations applies to all personal injury claims, including car accidents.

3. Can I still file a claim if the at-fault party leaves Florida?

Yes. If the responsible party leaves the state, the statute of limitations may be “tolled” (paused) until they return.

4. What if I was partially at fault for my injury?

Florida follows a modified comparative negligence rule under the 2023 law changes. If you’re found more than 50% at fault, you cannot recover damages.

5. How do I know if my case qualifies for an extension?

The best way to determine your legal options is to speak with a personal injury attorney.

Final Thoughts

Time is not on your side when it comes to personal injury claims in Florida. With the recent reduction of the statute of limitations to two years, acting quickly is more important than ever. If you believe you have a case, don’t wait—consult a lawyer to protect your rights and explore your options.