How Long Do I Have to File a Personal Injury Claim in Florida?

In Florida, injured people have a limited amount of time to file a personal injury claim. This deadline is known as the statute of limitations. Missing it can permanently prevent you from recovering compensation, even if the other party was clearly at fault.

The Standard Deadline For most personal injury claims based on negligence—including car accidents, truck accidents, slip and falls, pedestrian accidents, and many other injury cases—the statute of limitations in Florida is two years from the date of the accident.

This two-year deadline applies to the majority of injury claims that arise after March 24, 2023.

Why the Deadline Matters Once the statute of limitations expires, the court will almost always dismiss the case. Insurance companies and defense lawyers are aware of these deadlines and may delay negotiations as the time limit approaches.

Limited Exceptions In some situations the deadline may be different. Examples include:

• Claims involving minors
• Cases where the injury was not immediately discoverable
• Claims against government entities (which often have much shorter notice requirements)
• Medical malpractice claims (which follow different rules)

Because exceptions are limited and fact-specific, it is safest to assume the two-year deadline applies and to take action well before it expires.

Insurance Claims Have Separate Deadlines Even if you are still within the lawsuit deadline, insurance policies often impose shorter time limits for providing notice or submitting claims. Waiting too long to report an accident or seek medical care can create problems with coverage.

Why Early Action Helps Contacting a personal injury lawyer early allows evidence to be preserved, witnesses to be located, and medical documentation to be properly developed. It also prevents you from accidentally missing a critical deadline.

Britto & Herman Injury Lawyers helps injury victims across Jupiter and Palm Beach County understand their deadlines and protect their rights. The firm offers free consultations so you can learn where your case stands before time runs out.

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FAQs:

Does the two-year deadline apply to all injury cases?

It applies to most negligence-based personal injury claims (car accidents, slip and falls, pedestrian accidents, truck accidents, etc.) that arose on or after March 24, 2023. Medical malpractice and certain other claims follow different rules.

What happens if I miss the statute of limitations?

Once the deadline passes, the court will almost always dismiss the case. You permanently lose the right to sue for that injury, even if the other party was clearly at fault.

How do claims against government entities work?

Claims against government entities often have much shorter notice requirements (sometimes as little as six months). Special rules apply, so it is important to speak with a lawyer quickly if a government agency or employee may be involved.

Should I wait until I finish medical treatment before contacting a lawyer?

No. Waiting can risk missing deadlines and losing important evidence. A lawyer can begin protecting your claim while you continue treatment.