Florida’s Statute of Limitations for Personal Injury

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Florida recently changed its statute of limitations for personal injury cases, shortening the time frame to file a lawsuit. Missing the new deadline could prevent you from receiving compensation for your injuries.

As of March 24, 2023, Florida has reduced the statute of limitations for most personal injury claims from four years to two years. This change significantly impacts anyone who has been injured due to another party’s negligence. The two-year deadline applies to cases involving car accidents, slip and falls, and other general personal injury claims.

If your injury occurred after March 24, 2023, you now have only two years from the date of the incident to file a lawsuit. This is a major shift from the previous law and makes it even more critical to act quickly if you are pursuing a claim.

Key Exceptions to the Two-Year Rule

While the new two-year statute of limitations covers most personal injury cases, certain situations still follow different timelines. Below are some of the important exceptions:

  1. Medical Malpractice: Medical malpractice claims retain their original time limit of two years from when the injury was discovered, or reasonably should have been discovered, with a maximum limit of four years under the statute of repose.
  2. Wrongful Death: The statute of limitations for wrongful death cases remains at two years, consistent with previous Florida law.
  3. Government Claims: If you are filing a claim against a government entity, you must still file a notice of claim within three years, with specific requirements for the lawsuit that may affect the timeline.
  4. Product Liability: If you were injured due to a defective product, the statute of limitations follows the general personal injury timeline of two years, but could be extended under certain conditions if the injury wasn’t immediately apparent.
  5. Minors and Legal Disabilities: In cases involving minors or individuals with legal disabilities, the statute of limitations can be extended under certain conditions, such as when the injured party is a minor at the time of the incident.

Why the Change Matters

This change in the statute of limitations drastically alters the timeline for personal injury claims in Florida. Previously, victims had four years to file a claim, giving them more time to gather evidence, seek legal counsel, and weigh their options. The new two-year limit makes it critical to take immediate action following an injury.

Insurance companies and defendants may use the shorter statute of limitations to their advantage, delaying negotiations to push victims past the filing deadline. Being aware of this change allows you to stay proactive and protect your right to seek compensation.

What to Do After the Change

Now that the statute of limitations has been shortened, here’s what you should do if you’re considering a personal injury claim:

  1. Consult a Personal Injury Attorney: With only two years to file, it’s key to speak with a personal injury attorney as soon as possible after your injury. They can help you through the legal process, ensure deadlines are met, and build a strong case.
  2. File Early: Don’t wait to see if negotiations will pan out with the insurance company. Filing a lawsuit early keeps your options open, even if you hope to settle out of court. This also helps preserve evidence and keeps witnesses’ memories fresh.
  3. Stay Organized: From the moment the accident happens, keep detailed records of everything related to your injury, including medical treatment, communications with the insurance company, and expenses. Being prepared helps your attorney file promptly and effectively.
  4. Monitor Your Case: Stay in close contact with your attorney to ensure that the case is moving forward within the appropriate timeline. This is especially important with the new two-year limit in place.

Consequences of Missing the New Deadline

If you fail to file your lawsuit within the two-year statute of limitations, your case will almost certainly be dismissed by the court. This applies even if you have a strong case and undeniable evidence. Courts in Florida strictly enforce the statute of limitations, so missing the deadline could mean forfeiting any chance of compensation.

Insurance companies are well aware of the new law and may attempt to draw out the settlement process in hopes that you miss the filing deadline. It’s important not to rely on informal agreements or assume that settlement talks will extend your legal deadline.

Special Considerations for Injuries Before March 24, 2023

If your injury occurred before the March 24, 2023, law change, you are still governed by the previous four-year statute of limitations. This means that if you were injured in 2022, for example, you have until 2026 to file your lawsuit. However, any personal injury occurring after March 24, 2023, is subject to the new two-year rule.

How to Protect Your Rights

To ensure you stay within the new statute of limitations and protect your legal rights, take these steps immediately following your injury:

  1. Seek Medical Attention: Documenting your injuries with a medical professional not only protects your health but also creates essential records for your case.
  2. Gather Evidence: Start collecting evidence from the accident as soon as possible. Take photos, speak with witnesses, and obtain police or incident reports. The more information you have, the easier it is to build a strong case within the limited timeline.
  3. Contact an Attorney: The new two-year statute of limitations puts even more pressure on injury victims to act quickly. An experienced personal injury attorney can help ensure you don’t miss any deadlines and can help you navigate the legal process.

The shortened statute of limitations in Florida highlights the importance of moving quickly, but it’s not just about meeting deadlines—it’s about positioning yourself for a successful outcome. By taking immediate action, you preserve evidence, increase your bargaining power with insurance companies, and give your attorney ample time to build a solid case. With less time available, efficiency becomes key. Partnering with an experienced personal injury attorney early on ensures your case is handled with the urgency and expertise it needs, giving you a stronger chance of receiving fair compensation for your injuries.


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