Statute of Limitations for Florida Personal Injury Claims: How Long Do You Have?
After an injury, one of the most important—and most misunderstood—rules in Florida is the statute of limitations: the legal deadline to file your lawsuit. Miss it, and you can lose your right to any compensation, no matter how strong your case is. Here is what you need to know about the deadlines that apply to Florida personal injury claims.
What Is the Statute of Limitations for Personal Injury in Florida?
For most personal injury cases based on negligence—including car accidents, slip and falls, and other injury claims—Florida’s statute of limitations is two years from the date of the accident. This deadline changed in 2023; claims that previously had four years now generally have two. Because these rules can shift and exceptions apply, it is always safest to confirm your specific deadline with an attorney.
Deadlines by Type of Claim
- Car accidents & general negligence: Generally 2 years from the date of the accident
- Medical malpractice: Generally 2 years from when the injury was discovered (or should have been discovered), with an overall limit
- Wrongful death: Generally 2 years from the date of death
- Claims against a government entity: Special, shorter notice requirements apply—often you must provide written notice well before filing
These are general guidelines, not legal advice for your situation. The exact deadline depends on the facts of your case.
Why the Deadline Matters So Much
If you file your lawsuit even one day after the statute of limitations expires, the court will almost certainly dismiss your case—and the insurance company knows it. Once that happens, you lose all leverage to negotiate and all ability to recover compensation for your medical bills, lost wages, and pain and suffering.
Are There Exceptions That Extend the Deadline?
Sometimes. Florida law recognizes limited circumstances that can pause (“toll”) or extend the clock, such as:
- The injured person was a minor
- The at-fault party left the state or concealed themselves
- The injured person was legally incapacitated
- The injury could not reasonably have been discovered right away
These exceptions are narrow and fact-specific. Never assume one applies to you without confirming with an attorney.
Don’t Wait to Start Your Claim
Even though you may have two years, waiting is risky. Evidence disappears, witnesses forget, and building a strong case takes time. The sooner you speak with a lawyer, the more they can do to protect your claim. Our Miami personal injury attorneys review your case for free and handle everything in English and Spanish.
Not sure how much time you have left? Call Alfredo J. Rubio Law, PLLC at 1-844-PODEMOS today for a free consultation.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Florida?
For most negligence-based injury claims, Florida’s statute of limitations is two years from the date of the accident. Some claims, such as those against government entities, have shorter notice deadlines.
What happens if I miss the statute of limitations?
If you file after the deadline, the court will almost certainly dismiss your case, and you will lose your right to recover any compensation. That is why it is so important to act well before the deadline.
Does the deadline start on the accident date or when I discover my injury?
For most car accident and negligence claims, the clock starts on the date of the accident. In some cases—like certain medical malpractice claims—it may start when the injury was discovered or should have been discovered.
Can the deadline ever be extended?
In limited circumstances, yes—for example, if the injured person is a minor or was incapacitated, or if the at-fault party concealed themselves. These exceptions are narrow, so consult an attorney to confirm your specific deadline.
