How Long Do You Have to File a Personal Injury Claim in Florida? [2025 Update]

Florida’s Personal Injury Deadline Changed in 2023 - Here’s What You Need to Know

If you have been injured in an accident in Florida, one of the most important things to understand is how long you have to file a lawsuit. This deadline is known as the statute of limitations, and missing it can permanently bar you from recovering any compensation - no matter how strong your case may be.

In March 2023, Florida made a sweeping change to its personal injury statute of limitations through House Bill 837 (HB 837), which was signed into law on March 24, 2023. This legislation reduced the filing deadline for most personal injury claims from four years down to two years. This is one of the most significant changes to Florida personal injury law in recent memory, and it affects virtually every accident victim in the state.

The Current Rule: Two Years Under F.S. §95.11(3)

Under the current version of Florida Statute §95.11(3), the statute of limitations for negligence-based personal injury claims is two years from the date of the injury. This applies to most common accident types, including:

• Car accidents
• Truck accidents
• Motorcycle crashes
• Slip and fall injuries
• Bicycle accidents
• Pedestrian accidents
• Other premises liability claims

This means that if you were injured in a car crash on January 15, 2025, you would generally need to file your lawsuit by January 15, 2027. If you fail to file before that deadline, the court will almost certainly dismiss your case.

Our Miami personal injury lawyers strongly recommend that accident victims begin the legal process well before the deadline approaches. Waiting until the final weeks or months can create unnecessary risk and may limit your attorney’s ability to thoroughly investigate your case.

What Changed Under HB 837

Before HB 837 took effect on March 24, 2023, Florida allowed four years to file a personal injury lawsuit. The new two-year deadline represents a 50% reduction in the time available to injured individuals.

HB 837 was part of a broader tort reform package that also made changes to:

• Comparative negligence: Florida shifted from a pure comparative negligence system to a modified comparative negligence system. Under the new rule, if you are found to be more than 50% at fault for your injuries, you are generally barred from recovering any damages.
• Bad faith insurance litigation: The law changed how and when policyholders can bring bad faith claims against insurers.
• Medical damages evidence: The law altered what evidence can be presented regarding the cost of medical treatment.

The reduction in the statute of limitations is arguably the change that affects the most people. Many individuals who are injured in accidents do not immediately realize they need an attorney or do not understand the urgency of their situation. Under the old four-year window, there was more room for delay. Under the current two-year deadline, delay can be fatal to a claim.

If you have questions about how HB 837 may affect your specific situation, speaking with an experienced personal injury attorney as soon as possible is strongly advisable.

Injured in an accident? Call Connect Attorneys at 1-833-77CONNECT for a free consultation. No fees or costs unless we recover compensation for you. Hablamos Español.

Wrongful Death: Two Years From the Date of Death

Florida’s wrongful death statute of limitations is governed by F.S. §768.19 and related provisions. The deadline to file a wrongful death lawsuit is two years from the date of death - not from the date of the incident that caused the death.

This distinction matters because in some cases, a person may survive for weeks or months after an accident before succumbing to their injuries. The statute of limitations clock generally begins running on the date of death, not the date of the accident.

Wrongful death cases in Florida may only be brought by the personal representative of the deceased person’s estate, on behalf of surviving family members. These cases involve their own procedural requirements, and consulting a wrongful death attorney promptly is important to ensure all deadlines are met.

Medical Malpractice: Discovery Rule and Repose Period

Medical malpractice claims in Florida follow a different - and more complicated - set of deadlines under F.S. §95.11(4)(b).

The general rule is that a medical malpractice lawsuit must be filed within two years from the date the injury was discovered or should have been discovered through reasonable diligence. This is known as the “discovery rule,” and it exists because medical errors are not always immediately apparent. A surgical instrument left inside a patient, a misdiagnosis, or a medication error may not produce symptoms for months or even years.

However, Florida also imposes a statute of repose that sets an outer boundary regardless of when the injury was discovered. Generally, no medical malpractice action may be brought more than four years after the date of the incident giving rise to the claim. There are limited exceptions to this repose period, including cases involving fraud, concealment, or intentional misrepresentation by the medical provider.

Medical malpractice claims also require a pre-suit investigation and notice process before a lawsuit can be filed, which effectively shortens the available time even further. If you believe you may have a medical malpractice claim, consulting a medical malpractice attorney early is critical to allow time for the mandatory pre-suit process.

What Happens If You Miss the Deadline?

The consequences of missing the statute of limitations are severe and, in most cases, absolute. If you file your lawsuit after the deadline has passed:

• The defendant will almost certainly file a motion to dismiss.
• The court will generally grant that motion.
• Your case will be dismissed with prejudice, meaning you cannot refile it.
• You will lose your right to recover any compensation, regardless of how clearly the other party was at fault.

There is very little a court can do to help you once the deadline has expired. This is why our Miami personal injury team emphasizes the importance of early action in every case.

Exceptions: When the Clock May Be Paused

Florida law does recognize a limited number of situations where the statute of limitations may be “tolled” - meaning the clock is temporarily paused:

• Minors: If the injured person was under 18 at the time of the injury, the statute of limitations generally does not begin running until they turn 18. However, there are important nuances, and a parent or guardian may still bring a claim on the minor’s behalf before that time.
• Mental incapacitation: If the injured person was mentally incapacitated at the time of the injury, the statute may be tolled for the duration of the incapacity.
• Defendant’s absence from the state: In certain circumstances, if the defendant leaves Florida, the time they are absent may not count toward the statute of limitations.

These exceptions are narrowly applied, and relying on them without legal guidance is risky. If you believe an exception may apply to your situation, consulting an attorney promptly is the safest course of action.

Why Acting Quickly Matters - Beyond the Deadline

Even setting aside the statute of limitations, there are compelling practical reasons to take legal action as soon as possible after an injury:

• Evidence preservation: Physical evidence from an accident scene - skid marks, debris, vehicle damage - can be lost or destroyed quickly. Surveillance camera footage is often overwritten within days or weeks.
• Witness memory: Witnesses remember details most clearly in the days and weeks immediately following an event. As months pass, memories fade and become less reliable.
• Medical documentation: Prompt and consistent medical treatment creates a clear record linking your injuries to the accident. Gaps in treatment can be used by insurance companies to argue that your injuries are not as serious as claimed.
• Insurance company tactics: Insurers are aware of the statute of limitations and may use delay tactics in hopes that you will run out of time. Having an attorney involved early can counteract these strategies.

Do Not Wait to Protect Your Rights

The shift from a four-year to a two-year statute of limitations under HB 837 has made it more important than ever for Florida accident victims to act quickly. Two years may sound like a long time, but between medical treatment, recovery, and the complexities of building a strong legal case, it can pass faster than you expect.

If you have been injured in an accident anywhere in Florida, understanding your deadline is the first step. Taking action to meet that deadline is what ultimately protects your right to fair compensation.

Injured in an accident? Call Connect Attorneys at 1-833-77CONNECT for a free consultation. No fees or costs unless we recover compensation for you. Hablamos Español.