Understanding Florida’s Personal Injury Statute of Limitations: What You Need to Know

If you’ve been injured in an accident in Florida, knowing the legal timeframes for filing a personal injury claim is crucial. These time limits are governed by what’s called the “statute of limitations.” Failing to file your claim within this period can mean losing your right to seek compensation, even if your case is strong.

Here’s everything you need to know about Florida’s personal injury statute of limitations and how it affects your case.

What is the Statute of Limitations?

The statute of limitations is a legal deadline that sets a specific time period during which a lawsuit must be filed. In the context of personal injury cases, this law ensures that claims are made while evidence is still fresh and available, and witnesses’ memories are intact. However, once this time limit expires, your right to file a lawsuit generally disappears.

Florida’s Personal Injury Statute of Limitations

As of March 24, 2023, Florida’s statute of limitations for most personal injury cases has changed. Previously, you had four years to file a personal injury lawsuit in the state. Now, the time limit is two years from the date of the accident or injury.

This change applies to various types of personal injury claims, including:

• Car accidents
• Slip and falls
• Medical malpractice
• Product liability
• Dog bites

Why the Change?

The shift from four years to two years aligns Florida more closely with other states, emphasizing the importance of prompt legal action. This shorter window encourages individuals to pursue their claims faster, ensuring cases are handled while evidence and witness testimonies are still fresh.

Exceptions to the Statute of Limitations

In certain situations, the statute of limitations may be extended. These exceptions include:

• Minors: If the injured party is a minor, the statute of limitations may not begin until the child turns 18.
• Discovery Rule: In cases where the injury wasn’t immediately apparent, the two-year limit may begin from the time the injury was discovered or should have been reasonably discovered.
• Government Claims: If the claim involves a government entity (e.g., a city vehicle or public property), there are separate, stricter rules and shorter timeframes that could apply. For instance, claims against Florida’s state government generally must be filed within three years, with notice given within six months of the incident.

Importance of Acting Quickly

The shorter statute of limitations means it’s more important than ever to act swiftly after an accident. Waiting too long could cost you the opportunity to receive compensation for medical bills, lost wages, and other damages. Even if you think you might have plenty of time, contacting a personal injury lawyer early on will give you the best chance to build a strong case.

How Fiol & Morros Law Group Can Help

At Fiol & Morros Law Group, we understand the complexities of Florida’s personal injury laws and the challenges accident victims face. Our experienced legal team is committed to helping you navigate the legal process and ensuring you meet the statute of limitations deadline.
If you’ve been injured, don’t delay. Contact us today for a free consultation and let us help you protect your rights.