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If you’ve been injured because of someone else’s negligence, you only have a limited amount of time to file a lawsuit. This legal deadline is known as the statute of limitations, and missing it can prevent you from recovering compensation for your medical bills, lost wages, pain and suffering, and other damages.
Florida law changed in 2023, shortening the filing deadline for most personal injury lawsuits. Knowing which deadline applies to your case is critical, as different types of claims have different time limits. Keep reading to learn more from a West Palm Beach personal injury lawyer.
How Long Do You Have to File a Personal Injury Lawsuit in Florida?
For most negligence-based personal injury claims arising on or after March 24, 2023, Florida law gives injured individuals two years from the date of the injury to file a lawsuit.
If your injury occurred before March 24, 2023, a different filing deadline may apply under the law that was in effect at that time. Because these transition rules can be complex, it’s important to speak with an attorney as soon as possible to determine the deadline for your specific case.
Although two years may seem like plenty of time, building a strong personal injury case often requires gathering medical records, interviewing witnesses, consulting experts, and negotiating with insurance companies. Waiting too long can make it more difficult to preserve important evidence and protect your rights.
Florida Statutes of Limitations for Common Injury Claims
Not every case follows the same deadline. Depending on the type of claim you’re pursuing, different statutes of limitations may apply.
Personal Injury
Most personal injury claims involving car accidents, truck accidents, slip and falls, dog bites, and other negligence cases must generally be filed within two years of the date of the injury if the claim arose on or after March 24, 2023.
Medical Malpractice
Medical malpractice claims generally must be filed within two years from the date the injury was discovered—or reasonably should have been discovered.
However, Florida law also includes a statute of repose that generally bars claims filed more than four years after the alleged malpractice occurred, subject to limited exceptions, such as cases involving fraud, concealment, or certain claims involving children.
Wrongful Death
When negligence causes the loss of a loved one, the personal representative of the deceased’s estate may bring a wrongful death claim on behalf of eligible surviving family members.
In most cases, a wrongful death lawsuit must be filed within two years of the date of death.
Claims Against Government Entities
Claims against state or local government agencies follow different procedures than claims against private individuals or businesses.
In addition to meeting applicable filing deadlines, injured parties are generally required to provide formal notice to the appropriate government agency before filing a lawsuit. Because these claims involve strict procedural requirements and shorter timelines in some circumstances, it’s important to consult an attorney as soon as possible.
What Happens If You Miss the Statute of Limitations?
If you file your lawsuit after the applicable statute of limitations has expired, the court will likely dismiss your case. In many situations, this means you lose the opportunity to pursue compensation, regardless of how strong your claim may have been.
That’s why identifying the correct deadline early is one of the most important steps after an accident.
Are There Exceptions to Florida’s Statute of Limitations?
While the statute of limitations is strictly enforced, certain circumstances can affect how much time you have to file a lawsuit.
Depending on the facts of your case, exceptions may apply involving:
- Delayed discovery of an injury
- Medical malpractice claims
- Cases involving minors
- Fraud or intentional concealment
- Claims against government entities
- Other circumstances recognized under Florida law
Because these exceptions are highly fact-specific, it’s best to have an attorney review your case rather than assume additional time is available.
Filing a Lawsuit Is Different Than Settling a Claim
The statute of limitations applies to filing a lawsuit, not reaching a settlement.
Many personal injury claims are resolved through negotiations with the insurance company before trial. However, if a fair settlement cannot be reached before the filing deadline expires, your attorney may need to file a lawsuit to preserve your right to continue pursuing compensation.
Waiting until the last minute can significantly limit your legal options.
Don’t Wait to Protect Your Rights—Contact Lytal, Reiter, Smith, Ivey & Fronrath Today
The sooner you speak with a personal injury attorney, the more time your legal team has to investigate the accident, preserve evidence, interview witnesses, and calculate the full extent of your damages.
If you’ve been injured in Florida, don’t wait to learn which statute of limitations applies to your case. The experienced attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can review your situation, explain your legal options, and help ensure all applicable deadlines are met.
Contact us today at (561) 867-4117 to schedule a free consultation and learn how we can help you pursue the compensation you deserve.