In Florida, you generally have two years from the date of your injury to file a personal injury claim. This deadline, known as the statute of limitations, was reduced from four years to two years when Governor DeSantis signed House Bill 837 into law in March 2023. Missing this deadline almost always means losing your right to pursue compensation entirely, regardless of how strong your case may be. Certain exceptions can extend or shorten this window depending on the type of claim, who caused the injury, and when the injury was discovered. Speaking with a Sarasota personal injury attorney as soon as possible ensures you do not accidentally forfeit your legal rights.
Read on for a full breakdown of Florida’s filing deadlines, key exceptions, and what steps to take now. To discuss your specific situation, contact Dannheisser Injury Law for a free consultation.
Key Takeaways
- Florida’s statute of limitations for most personal injury claims is now two years from the date of injury, following the passage of HB 837 in 2023.
- Wrongful death claims also carry a two-year filing deadline, running from the date of the victim’s death.
- Limited exceptions exist, including the discovery rule for injuries not immediately apparent and tolling for minors or individuals with legal disabilities.
- Claims against government entities in Florida require a shorter notice period, often just three to four years with specific pre-suit notice requirements.
- Once the statute of limitations expires, the court will almost certainly dismiss your case regardless of fault or injury severity.
Florida’s Two-Year Filing Deadline Explained
Before March 2023, Florida allowed four years to file most personal injury lawsuits. That changed dramatically with HB 837, a sweeping tort reform bill that cut the deadline in half. Under Florida Statute § 95.11, the clock starts ticking on the date the injury occurs, not the date you realize the full extent of your damages.
Two years may sound like plenty of time, but these cases require thorough investigation, medical documentation, expert consultations, and often pre-suit negotiations. Waiting months to contact an attorney eats into the time your legal team needs to build the strongest possible case on your behalf.
Exceptions That Can Change Your Filing Deadline
The Discovery Rule
Some injuries are not immediately apparent. Toxic exposure, medical malpractice, and certain product defects may not produce symptoms until months or even years after the harmful event. In these situations, the discovery rule may allow the statute of limitations to begin on the date the injury was discovered, or reasonably should have been discovered, rather than the date it actually occurred.
Claims Involving Minors
When the injured person is a minor, the statute of limitations may be tolled, meaning the clock is paused, until the child reaches the age of 18. However, the specifics depend on the nature of the claim and other factors, so families should consult an attorney rather than assume extra time is available.
Government Liability Claims
Injuries caused by the negligence of a government entity, such as a city bus accident or a dangerous condition on public property, involve additional procedural hurdles. Florida’s sovereign immunity laws require pre-suit notice to the government agency, and strict timelines apply. Missing the notice deadline can bar your claim even if the statute of limitations has not yet expired.
Why Waiting Can Hurt Your Personal Injury Claim
Beyond the legal deadline, delay creates practical problems. Witnesses move away or forget details. Surveillance footage gets recorded over. Medical records become harder to connect to the original incident when there are gaps in treatment. Physical evidence at the accident scene deteriorates or disappears.
Insurance companies are well aware of these dynamics. The longer you wait, the easier it becomes for adjusters to question the severity of your injuries, dispute the cause of the accident, or argue that you contributed to your own harm. An experienced Sarasota personal injury lawyer preserves evidence early and builds a timeline that insurance carriers cannot easily challenge.
Do Not Let the Clock Run Out on Your Injury Claim
Every day that passes after an injury is a day closer to losing your right to compensation. Florida’s two-year statute of limitations is strict, and courts rarely grant exceptions. The best way to protect yourself is to talk to an attorney now, even if you are unsure whether you have a valid claim.
Dannheisser Injury Law offers free consultations to injury victims across Sarasota County and Southwest Florida. We evaluate your case, explain your options, and fight to recover the compensation you deserve.
Call 941-365-7600 today, submit a contact form online, or chat live with our team on our website. Time is not on your side, but we are.
