The Statute of Limitations for Personal Injury Claims in Florida

If you’ve suffered an injury due to someone else’s negligence, one of the most important legal concepts you need to understand is the statute of limitations. This determines how long you have to file a personal injury lawsuit after an accident or injury. Missing this important deadline can mean entirely losing your right to seek compensation.

In 2023, Florida made some big changes to its statute of limitations for personal injury claims, reducing the time to file from four years to only two years for cases based on negligence. This new law can affect your eligibility to secure compensation, and it’s important to understand how it affects your rights.

What is a statute of limitations?

The statute of limitations is a law that sets a time limit for filing legal action. This means that if you don’t file your case within a certain window of time, the court will likely dismiss it, regardless of how strong your evidence might be. The statute of limitations is a timer that starts ticking the moment you’re injured (or discover your injury).  In a car crash case, it is the date of the collision, no matter when you discover the injury.

Every state has its own rules about how long you have to file a personal injury lawsuit. Here in Florida, these rules recently became more strict, which is why it’s so important to understand these timelines.

Changes to Florida’s statute of limitations

Before 2023, Floridians had four years to file a personal injury lawsuit based on negligence. So, if you were injured in a car accident caused by a distracted driver, you had four years from the date of the accident to take any legal action.

However, in March 2023, Florida passed a law that reduced this timeframe to two years for negligence-based claims. This means now you have only half the time to file a lawsuit for injuries stemming from car accidents, slip-and-fall incidents, or any other situation involving negligence.

This shorter timeframe applies to personal injury accidents occurring on or after March 24, 2023. For any injuries that happened before this date, the old four-year limit still applies. Our Tampa personal injury attorneys can help you determine whether your claim falls within Florida’s statute of limitations.

Why was the statute of limitations changed?

This 2023 reform was part of an overhaul of Florida’s civil litigation system, designed to create what lawmakers believed was a more business-friendly environment. Supporters of the change argued that a shorter statute of limitations would reduce the number of lawsuits and encourage quicker resolutions of claims.

However, the change also has its critics, with some arguing that it unfairly disadvantages injury victims. When dealing with the physical, emotional, and financial toll of an accident, two years might not feel like enough time.

Are there exceptions to the personal injury statute of limitations?

As we noted, this two-year limit is strict, but there are some instances and exceptions where the statute of limitations might be changed:

• In some cases, injuries aren’t immediately apparent. A medical malpractice case involving a surgical error, for example, might not surface until months or even years later. Florida law allows the statute of limitations to start when the injury is discovered, with many exceptions.
• If the injury results in death, families generally have two years from the date of death to file a wrongful death
• If your injury involves a government entity, like a city bus accident or a fall on government property, you must follow special procedures. This generally involves giving notice to the government agency within six months of the injury.
• Uninsured and Underinsured cases are an exception to the two-year rule because a “UM” claim is a breach of contract action. So, even though it stems from a car accident, your insurance claim for the UM part is a 5-year statute of limitation.  When in doubt, at MattLaw, we suggest bringing the UM claim within two years so you can also make a full claim against the uninsured or underinsured motorist.

It can be tricky to understand these exceptions, so consulting with a Tampa personal injury attorney is a good idea if you think your case falls into one of these gray areas.

What types of claims are affected by this new law?

The two-year statute of limitations applies to personal injury cases based on negligence, including:

• Car accidents, if another driver’s careless behavior caused the crash.
• Truck accidents, which often involve negligent truck drivers or companies.
• Slip-and-fall accidents, caused by unsafe property conditions.
• Pedestrian and bicycle accidents, caused by negligent drivers.
• Product liability, if a defective product caused your injuries.

Two years isn’t as long as it seems

A two-year statute of limitations might seem like a reasonable time to file a lawsuit, but in the world of personal injury claims, it can pass in the blink of an eye. Here’s why.

• After an accident, you may need months or even years to fully recover from your injuries. During this time, you’re likely focused on your recovery and not legal action.
• Building a strong personal injury case involves collecting medical records, police reports, witness statements, and sometimes expert testimony. All of this can take time.
• Many personal injury cases involve lengthy negotiations with insurance companies before a lawsuit is ever even filed.
• Choosing the right Tampa personal injury lawyer can take time, and delaying this decision will eat into your filing deadline.

This is why it’s so important to act quickly after an accident.

What steps should I take after an accident?

To protect your rights and make sure you meet the two-year statute of limitations, you should try to do the following immediately after an injury:

• Your health should be your top priority. Even if your injuries seem minor, get yourself checked out by a doctor.
• Document everything – take photos of the accident scene, your injuries, and any property damage. Save all your receipts, medical bills, and correspondence with insurance companies.
• If necessary, file a police report and notify any relevant parties, like property owners or employers.
• Consult with a Tampa personal injury lawyer to help you understand your legal options, handle negotiations with insurers, and ensure you meet all necessary deadlines.

What happens if I miss the statute of limitations?

If you attempt to file a lawsuit after the statute of limitations has passed, the court will almost certainly dismiss your case. This means you will lose your chance to secure compensation for your medical bills, lost wages, and other damages. There are very few exceptions to this rule, so you must act quickly and seek legal advice early.

How can your Tampa personal injury attorneys help?

At MattLaw, our personal injury lawyers understand that the legal system can seem overwhelming, especially when trying to recover from a serious injury. Our personal injury attorneys:

• Determine whether you have a valid claim and calculate potential damages.
• File documents correctly and according to all deadlines.
• Negotiate with insurers and fight for a fair settlement on your behalf.
• Represent you in court if necessary, building a strong argument and advocating for your rights.

We can also help you understand how the 2023 changes to Florida’s statute of limitations affect your case.

If you’ve been injured in Florida due to someone else’s negligence, don’t wait to take action. With the statute of limitations now reduced to just two years, time is of the essence to protect your rights and pursue the compensation you deserve. Contact the experienced Tampa personal injury attorneys at MattLaw today to discuss your case, understand your legal options, and get the guidance you need to move forward confidently. Don’t let the clock run out. To schedule a consultation with one of our personal injury lawyers, just call our offices or fill out our contact form.