How Long Do I Have to File a Personal Injury Claim in Florida? Statute of limitations 2025 Update

Why the Florida Statute of Limitations Matters

Every personal injury case has a strict legal deadline called the statute of limitations. This deadline sets the maximum time you have to file a lawsuit in court. If you miss it, your case will almost certainly be dismissed—even if your injuries are serious and the other party is clearly at fault.

Because Florida recently shortened this deadline, it’s more important than ever to act quickly.

Recent Changes to Florida’s Personal Injury Statute of Limitations Deadline: From Four to Two Years

In March 2023, Florida passed new laws that changed the statute of limitations for most negligence-based personal injury claims from four years down to two years.

This means that if you were injured in a car accident, slip and fall, or other negligence case on or after March 24, 2023, you now have only two years from the date of the accident to file a lawsuit.

If your injury happened before March 24, 2023, the old four-year deadline may still apply.

What Types of Cases Are Covered

The new two-year statute of limitations applies to most negligence-based injury cases. But not all claims follow the same rules. Here are the most common timelines:

• Negligence (auto accidents, slip and falls): 2 years if the injury occurred on or after March 24, 2023. Some pre-2023 cases may still have 4 years.

• Medical Malpractice: 2 years from the incident or from when the injury was discovered (with a maximum of 4 years total).

• Wrongful Death: 2 years from the date of death.

• Claims Against Government Entities: Special notice rules apply and often must be filed much sooner.

• Uninsured/Underinsured Motorist (UM/UIM) Claims: Often treated as contract claims, which may allow up to 5 years.

  
  

Exceptions and Special Circumstances

While the 2-year deadline is strict, there are limited situations where the clock may pause (called “tolling”):

• If the injured person was a minor or legally incapacitated at the time of the accident.

• If the injury was not immediately discovered.

• If the defendant concealed their wrongdoing or left the state of Florida.

Because these exceptions are complicated, you should not rely on them without legal advice.

What Happens If You Miss the Deadline

If you don’t file your case in time:

• The court will almost certainly dismiss your lawsuit.

• The insurance company will refuse to negotiate because they know you lost your right to sue.

• You will lose the chance to recover compensation for medical bills, lost wages, pain and suffering, and other damages.

  
  

Why Acting Quickly Is Critical

Even though you may technically have up to two years, waiting can seriously hurt your case. Evidence gets lost, witnesses disappear, and insurance companies may try to drag things out to run out the clock.

By consulting an attorney immediately after an accident, you protect your rights, preserve valuable evidence, and give your case the strongest chance of success.

Example Scenarios

• Car accident on April 15, 2024: You must file by April 15, 2026.

• Slip and fall on January 1, 2023: You may still have until January 1, 2027 under the old four-year law, but it depends on the details.

• Wrongful death on May 10, 2024: The deadline is May 10, 2026.

  
  

Steps to Protect Your Rights

1. Seek medical treatment immediately and follow your doctor’s instructions.

2. Document the accident with photos, reports, and witness names.

3. Avoid giving recorded statements to insurance adjusters without an attorney.

4. Contact a personal injury lawyer as soon as possible.

Call Injury Claim Attorney Today

Under Florida’s new law, most personal injury victims now have only two years to take legal action. That clock starts ticking the day of your accident. Don’t wait until it’s too late.

Attorney Jeralyn Clements and the team at Injury Claim Attorney are here to fight for your rights and ensure you don’t miss critical deadlines.

📞 Call us today at 407-871-3777 or visit www.injuryclaimattorney.com for your free consultation.