What Deadlines Apply to Florida Accident Cases?
Accident victims generally must file a personal injury lawsuit within two years of the date of the accident. Certain claims, such as UM/UIM coverage, property damage, and claims involving public entities, may have different filing or notice deadlines. Talk to a dedicated personal injury lawyer to understand the deadlines that apply to your situation.
Florida’s personal injury law changed in 2023. As of March 24, 2023, most personal injury victims in Florida have only two years to file a negligence lawsuit. Since that change, it’s crucial to understand the Florida personal injury statute of limitations and other deadlines that may apply to your unique circumstances.
Waiting too long can prevent you from pursuing an otherwise valid case. The legal deadlines also vary by claim type, so car accidents, wrongful death cases, government claims, and insurance disputes do not necessarily follow the same timeline.
Table Of Contents
- What Deadlines Apply to Florida Accident Cases?
- Table Of Contents
- Key Takeaways About Florida Personal Injury Deadlines
- What Is the Florida Personal Injury Statute of Limitations?
- Florida Personal Injury Deadlines by Claim Type
- How Did Florida HB 837 Change Personal Injury Deadlines?
- Can the Florida Personal Injury Statute of Limitations Be Paused?
- Why You Should Act Before the Florida Accident Lawsuit Deadline
- FAQs About Florida Personal Injury Statute of Limitations
- Contact the Frankl Kominsky Injury Lawyers Team to Find Out How Much Time Remains Before You Lose the Right to File
Key Takeaways About Florida Personal Injury Deadlines
- Most Florida negligence lawsuits accruing after March 24, 2023, must be filed within two years.
- Florida HB 837 reduced the negligence statute of limitations from four years to two years for causes of action accruing after its effective date.
- Wrongful death actions also generally have a two-year filing deadline, but measured from the date of death.
- Some claims follow different periods, including certain UM/UIM claims, property damage actions, and claims against government entities.
- Florida allows tolling only in specific circumstances, so injured people should not assume an exception will extend their deadline.
What Is the Florida Personal Injury Statute of Limitations?
A statute of limitations is the legal deadline for filing a lawsuit. Florida establishes different limitation periods depending on the type of legal action involved.
For most negligence cases, Florida Statutes § 95.11 now provides a two-year filing deadline. This law applies to most personal injury cases involving car accidents, truck collisions, motorcycle crashes, pedestrian accidents, and slip and fall injuries.
What Happens If the Florida Accident Lawsuit Deadline Passes?
Missing the statute of limitations can prevent a lawsuit from proceeding, regardless of how strong the underlying allegations might otherwise be. Once the deadline expires, the defendant can raise the statute of limitations as a defense. Courts generally strictly enforce these filing periods unless a recognized exception applies.
When Does the Two-Year Personal Injury Filing Deadline Start?
In most accident claims, the clock generally begins when the cause of action accrues. In an ordinary car accident or premises liability case involving immediate injury, the date of the accident is usually the critical starting point.
Florida has special accrual or discovery provisions for certain causes of action, but injured people should not assume that discovering the extent of an injury later automatically restarts the clock. An experienced personal injury lawyer can review your situation and explain your filing deadlines.
Florida Personal Injury Deadlines by Claim Type
The two-year negligence deadline does not apply to every claim arising from an accident. Different causes of action can have different statutes of limitations.
| Florida Claim Type | General Time Limit | Important Note |
| Personal injury based on negligence, including most car accidents and slip and falls | 2 years | Applies to negligence claims accruing after March 24, 2023 |
| Wrongful death | 2 years | Generally measured from the date of death |
| UM/UIM insurance action | Generally 5 years | These contractual claims can follow a different accrual rule |
| Property damage action | Generally 4 years | Runs separately from the bodily injury deadline |
| Tort claim against a Florida government entity | Notice given generally within 3 years; lawsuit generally within 4 years | Special presuit procedures apply; wrongful death has different deadlines |
These periods are general rules, not a substitute for reviewing your case with a skilled lawyer. The identity of the defendant, the type of legal claim, the date it accrued, and other circumstances can affect the correct calculation.
How Did Florida HB 837 Change Personal Injury Deadlines?
Florida enacted HB 837 on March 24, 2023, making major changes to the state's civil liability laws. One of the most significant was reducing the statute of limitations for negligence actions from four years to two years.
The Legislature specified that this change applies to causes of action accruing after March 24, 2023. An accident before that date should therefore be evaluated under the law that applied when the claim accrued rather than automatically applying today's two-year rule.
Florida Cut the Negligence Deadline in Half
The shorter deadline affects many common accident lawsuits, including those arising from negligent drivers and unsafe property conditions. A two-year statute of limitations does not mean an injured person has two years to begin investigating a case. It means the lawsuit generally must already be filed by the applicable deadline.
HB 837 Also Changed Florida's Comparative Fault Rule
HB 837 also replaced Florida's former pure comparative negligence approach with a modified comparative fault system for most negligence cases.
Under Florida Statutes § 768.81, a claimant found more than 50% responsible for their own harm generally cannot recover damages in a negligence action. Someone who is 50% or less at fault can recover their losses, but that recovery will be reduced according to their percentage of responsibility.
As a result, fault disputes have much greater consequences under current Florida law. Together, these changes make early case preparation increasingly important.
Can the Florida Personal Injury Statute of Limitations Be Paused?
Florida law allows the statute of limitations to be tolled, or paused, in certain specifically defined situations. These exceptions are narrower than many people assume.
Florida Statutes § 95.051 identifies the circumstances that can toll a limitations period. Florida also states that no disability or other reason tolls a statute of limitations except as specifically provided by law.
Does Being a Minor Automatically Pause the Deadline Until Age 18?
No. Minority does not automatically stop every Florida personal injury statute of limitations until a child turns 18. Florida provides limited tolling when a minor has no parent, guardian, or guardian ad litem, or when that representative has an adverse interest or is legally incapacitated. Even then, an outside limitation can apply.
Because claims involving children require special attention, parents and guardians should not assume they can simply wait until the child reaches adulthood.
What If the Defendant Leaves Florida?
The defendant's absence from Florida is one of the circumstances identified in the state's tolling statute. Florida law also addresses situations in which the defendant uses an unknown false name or conceals themselves within the state so that process cannot be served.
Whether one of these provisions actually extends a particular deadline requires a case-specific analysis.
Does Mental Incapacity Extend the Deadline?
Certain adjudicated incapacity can toll a limitations period when the incapacity existed before the cause of action accrued. Florida generally imposes a seven-year outside period for this tolling provision. The statute also contains more limited rules involving previously adjudicated incapacity when an appropriate representative is unavailable or has an adverse interest.
These provisions are more specific than simply being physically or mentally unable to manage a claim.
Are Claims Against the Government Different?
Yes. Injury claims against the State of Florida or its agencies and subdivisions involve special requirements under Florida Statutes § 768.28. A claimant generally must provide written notice to the appropriate agency within three years after the claim accrues. Claims against certain entities also require notice to the Florida Department of Financial Services.
The civil action itself is generally subject to a four-year deadline, while wrongful death claims have shorter requirements. These procedural rules make government-related accident claims particularly complicated.
Why You Should Act Before the Florida Accident Lawsuit Deadline
A statute of limitations tells you when it may become legally too late to file. It does not tell you how long you can safely wait to build a case. Important evidence can disappear long before two years pass.
Evidence Can Be Lost Within Weeks or Months
Businesses may overwrite surveillance footage in accordance with their standard retention practices. Vehicles can be repaired or destroyed. Road conditions change, physical evidence disappears, and witnesses' memories can become less precise.
Attorneys often need to identify and preserve evidence well before litigation begins. That can include requesting available video, locating witnesses, obtaining reports, documenting property damage, and identifying insurance coverage.
Insurance Companies Begin Investigating Early
An insurance carrier does not need to wait until the lawsuit deadline approaches before investigating the accident. Adjusters may collect statements, review records, examine property damage, question fault, and evaluate claimed losses soon after receiving notice.
Having legal representation during that process can help ensure that your case is being developed while the insurer conducts its own investigation.
Damages Need Documentation
A personal injury claim must be supported by evidence of the losses attributed to the accident. Attorneys may gather medical bills and records, wage information, insurance documents, photographs, accident reports, and evidence of how an injury affected your life.
Building that record takes time. Waiting until the statute of limitations is close can leave less opportunity to obtain missing documentation or investigate disputed facts.
Having two years does not mean you should wait two years. The earlier your case is evaluated, the more time there is to identify the applicable deadline and preserve evidence.
FAQs About Florida Personal Injury Statute of Limitations
How long do I have to file a personal injury lawsuit in Florida?
Most Florida negligence claims that accrued after March 24, 2023, have a two-year statute of limitations. Different deadlines apply to certain claims, so the type of case and date it accrued must be reviewed before we can calculate the final filing date.
Does negotiating with the insurance company extend my deadline to file a lawsuit?
You should not assume that ongoing insurance negotiations give you more time to file. An insurer may continue investigating your claim, requesting documents, or discussing a settlement while the statute of limitations continues to run. We can review your timeline independently of the insurance company's process, so you know which deadlines may apply.
What should I do if I think my Florida personal injury deadline has already passed?
Do not assume you have lost your right to file without having your case reviewed. The applicable deadline can depend on when your claim accrued, the type of claim involved, and whether a legally recognized exception affects the limitations period. We can review those circumstances during a free consultation and determine whether you may still have legal options.
What Happens If I Am Not Sure of the Exact Accident Date?
The accident date is often critical to calculating a negligence deadline. Accident reports, insurance correspondence, medical records, photographs, repair documents, or other records can help establish the timeline. An attorney can review available documentation when the exact date is uncertain.
Can the Other Side Agree to Ignore the Statute of Limitations?
You should never assume that informal discussions have extended a statutory deadline. Whether an agreement or particular legal circumstance affects a limitations defense is a legal question that should be evaluated before the original filing period expires.
Does the Same Deadline Apply to Wrongful Death?
No. Florida wrongful death actions generally must be filed within two years from the date of death, not from the date of the accident unless the death occurred on that date. That calculation can differ from the deadline that might have applied to the injured person's original negligence claim.
Contact the Frankl Kominsky Injury Lawyers Team to Find Out How Much Time Remains Before You Lose the Right to File
Florida now gives many injured people substantially less time to file a negligence lawsuit than it did just a few years ago. That shorter window makes early investigation and accurate deadline calculations especially important.
At Frankl Kominsky Injury Lawyers, we can review when your accident happened, identify the type of claim involved, examine possible exceptions, and determine which filing deadlines may apply. We offer free consultations and handle personal injury cases on a contingency fee basis, meaning attorney's fees are not owed unless we obtain a recovery for you.
If you are unsure whether your deadline has already passed, do not assume you have no rights. Call (561) 800-8000 for a free case review. Our attorneys are available 24/7 to evaluate your timeline and explain your legal options.
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