Florida Statute of Limitations for Injury Claims

If you’ve been hurt in an accident, there are a lot of things that you have to deal with. Between medical bills, recovery time, and everything else that life throws at you, thinking about legal deadlines probably isn’t your first priority. But here’s the thing you need to be aware of…you do have a time limit to file your case, and missing it could mean giving up your right to recover any compensation at all.

That time limit is called the Florida statute of limitations for personal injury, and it’s something that every injury victim in the state should understand. It sets the clock ticking from the moment your injury occurs, or in some cases, from when it’s discovered. And once that clock runs out, so does your chance to take any legal action.

The Florida statute of limitations can vary based on the details of your case, and unfortunately, it’s not always clear which deadline applies to your specific situation. That’s why so many people miss out on the compensation that they deserve – because they simply didn’t know the rules or because they waited too long to get legal advice.

The good news is, you don’t have to figure any of this out alone. A Florida personal injury lawyer can help you understand your deadline, gather up all of the right documentation, and make sure that your claim is filed correctly and on time.

Time moves quickly after an accident. Knowing your rights early on can make all the difference in your recovery.

What Is the Florida Statute of Limitations?

Simply put, a statute of limitations is just a legal deadline. It sets the amount of time that you have to file a lawsuit after something happens like a car crash, slip and fall, or other injury. Once that deadline passes, you usually can’t take any legal action, no matter how serious your injuries are or how clear the other party’s fault may be.

For personal injury claims in Florida, this deadline is incredibly important. That’s because missing it doesn’t just delay your case…it ends it, and that’s a situation nobody wants to be in when they’re still dealing with medical bills or lost wages.

Now, here’s the part that many people don’t know – the rules changed recently. As of March 2023, Florida reduced the standard statute of limitations for personal injury cases from four years to two years. That means if you were hurt because of someone else’s negligence after that date, you now have only two years to file your claim. If the incident happened before March 2023, the old four-year rule may still apply, but you should check with an attorney to be sure.

It’s also worth knowing that not every case follows the exact same timeline. For example, medical malpractice cases, nursing home abuse, and some product liability claims might have different deadlines, depending on when the injury was discovered or other legal factors that may come into play.

Because the Florida statute of limitations for personal injury isn’t one-size-fits-all, it’s easy to get confused. That’s why talking with someone who understands the Florida statute of limitations can save you from making a very expensive mistake. A legal expert can tell you exactly how long you have based on the details of your case.

Special Situations That Can Affect the Deadline

While the rules around deadlines sound strict, there are some situations where the timeline can change. This is where things can get confusing, and it’s also where people often make mistakes. The Florida statute of limitations for personal injury does allow for certain exceptions, depending on the details of your case.

One common situation involves minor victims. If the injured person is under 18, the clock may not start right away. In many cases, the deadline is paused until the child turns 18. But there are limits to how long a case can be delayed, so this still needs some very careful review.

Another important exception is the discovery rule. Sometimes injuries don’t show up immediately. This happens often in medical malpractice cases or situations that involve internal injuries. In these cases, the deadline may begin when the injury is discovered (or when it reasonably should have been discovered) rather than on the date of the incident.

Claims against government entities are another big one. If your injury involves a city, county, or state agency, the rules change. These cases often have much shorter notice deadlines, sometimes as short as six months. Missing that early notice requirement can end your case before it even has a chance to begin.

There are also some other situations involving incapacitation or mental incompetence. If someone is legally unable to manage their affairs due to a serious injury or condition, the deadline may be paused until they regain capacity or until a legal representative steps in.

As you can see, these exceptions can be helpful, but they can also be very complicated. That’s why it’s so important to speak with a Florida personal injury attorney who understands how these rules apply in real life. Missing a small detail can make a big difference, and getting clear legal guidance early on can protect your rights and your future.

What Happens If You Miss the Deadline?

Missing a legal deadline might not seem like a big deal at first, but in personal injury cases, it can completely block your chance at getting any compensation. The Florida statute of limitations for personal injury sets a very strict window for filing. And once that window closes, most courts will simply refuse to hear your case.

That means that even if your injuries are serious, and even if the other party was clearly at fault, the court can dismiss your claim just because it wasn’t filed on time. It’s frustrating, and it can feel unfair…but it’s important to know that this is how the law works in Florida.

There are a few rare exceptions. For example, if fraud was involved or if the injured person was legally incapacitated, a court might allow the case to move forward. But these situations are not common, and even then, you still have to prove why the delay was justified.

Insurance companies know all of this, and they’ll absolutely use it against you. If they know the deadline has passed (or that it is about to) they’ll stop returning your calls, delay paperwork, or push back hard in their negotiations. They’re banking on you missing your chance to take the appropriate legal action.

That’s why it’s so important to act quickly. After any accident or injury, even if you’re still recovering, it’s a smart move to talk with a Tampa injury lawyer early on. It doesn’t mean that you’re filing a lawsuit right away, it just means that you’re protecting your rights. A lawyer can help you understand how much time you really have and make sure that no important deadlines slip through the cracks while you’re focused on healing.

4 Common Florida Injury Cases and Their Legal Time Limits

When you’re dealing with an injury, the last thing that you want to think about is paperwork. But knowing how much time you have to file a claim is a very big deal, and missing the deadline could cost you the chance to recover anything at all. Let’s look at four of the most common types of personal injury claims in Tampa and when you need to act.

1. Car Accidents

If you’ve been hurt in a crash (whether you’re a driver, passenger, pedestrian, or cyclist) you typically have 2 years to file a claim, thanks to the updated law that took effect in March 2023. That clock starts ticking on the date that the accident occurred. Don’t wait too long, especially if the other driver’s insurance company is already calling.

2. Slip and Fall Cases

Whether it’s a wet floor at a grocery store or a broken step at an apartment building, these cases also fall under the category of general negligence. That means you usually have 2 years to file a claim. A St. Petersburg personal injury lawyer can help gather up the required evidence fast, especially since property owners tend to fix any hazards quickly after someone gets hurt.

3. Product Liability

If you were injured by a defective product (like a faulty airbag or unsafe medication) you still have 2 years to take legal action. But these cases can be complex, since manufacturers may be out of state or part of larger corporations. This means that it is especially important for you to enlist the assistance of a personal injury lawyer to ensure that you get all of the compensation that you deserve.

4. Assault or Intentional Harm

Unlike accidents, intentional harm (like physical assault) is treated a little bit differently. You typically have 2 years to file a civil claim for damages. Criminal charges are separate, but your right to compensation still depends on meeting that deadline.

No matter what kind of case that you’re dealing with, the Florida statute of limitations for personal injury is something that you can’t ignore. Even if your injuries seem manageable now, it’s a good idea to speak with a lawyer sooner rather than later…just to make sure that you’re not leaving money or options on the table.

Get the Right Legal Help Before Time Runs Out

If you’ve been injured, it’s easy to feel overwhelmed by all of the things that you need to deal with right now. Between doctor appointments, missed work, and trying to get better, legal deadlines are probably the last thing on your mind. But here’s the thing…the Florida statute of limitations for personal injury doesn’t wait around for you and if that deadline passes, you could lose the chance to recover anything at all.

That’s where a lawyer can really make a difference. A good attorney doesn’t just file your paperwork – they manage every moving part of your claim so that you don’t have to. At Mickey Keenan P.A., we help clients across the state take the right steps at the right time. We keep track of deadlines, make sure that all evidence is preserved, and file your claim properly to make sure that everything stays on track.

We’ve seen too many people lose out simply because they waited too long to ask for help. Sometimes witnesses disappear. Sometimes security footage is erased. And sometimes, the window for justice quietly closes without you even realizing it. That’s why acting early is so important.

As an experienced Florida personal injury lawyer, our team knows how to gather medical records, accident reports, and other evidence while it’s still fresh. We also know how to deal with insurance companies that might try to delay or deny your claim…because we’ve done it for hundreds of clients before you.

We don’t just help with paperwork. We stand beside you from the moment you call us, answering all of your questions and guiding you through every step of the process. Whether you’re dealing with a car accident, a slip and fall, or another serious injury, we’re here to fight for what you deserve.

And here’s the best part…you don’t have to guess whether you have a case. You can talk to us for free. As a trusted Tampa injury lawyer, Mickey Keenan offers free consultations where we’ll review your situation, walk through all of your options, and make sure that you know what to expect. If you decide to move forward, we’ll handle all of the tedious details so that you can focus on healing.

So if you’re hurting, feeling stressed, or are just unsure of what to do next, reach out today. We’re here to help you protect your rights and take the next step forward, before time runs out.

Schedule your free case review now with Mickey Keenan P.A. You’ve got nothing to lose, and a whole lot of peace of mind to gain.

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Florida?

In most cases, you have two years from the date of the injury to file a lawsuit. This deadline was shortened in March 2023, so it’s important to double-check your timeline. If you’re unsure, a St. Petersburg personal injury lawyer can help you figure out exactly how much time you have.

What is the 90.408 rule in Florida?

This rule says that any offers to settle a case (along with any statements made during those negotiations) can’t be used against you in court. It’s meant to keep settlement talks open and honest, without fear that your words will come back to hurt your case later on.

Can I make a personal injury claim after 3 years?

It depends. In many cases, the answer is no. But if you didn’t discover the injury right away, or if certain exceptions apply (like the injured person being a minor), there might still be time. That’s why it’s smart to speak with a lawyer as soon as possible.

What is the personal injury limit in Florida?

There’s no one-size-fits-all cap. Limits can depend on the type of claim, who the lawsuit is against, and the type of damages that are being claimed. A qualified attorney can help you understand what the limits might be in your situation.