Florida's Statute of Limitations for Personal Injury: Don't Wait Too Long to File

One of the most consequential changes in Florida's 2023 tort reform package was the reduction of the general personal injury statute of limitations from four years to two years. For accident victims who are unaware of this change, the consequences of waiting too long can be devastating and permanent.

The statute of limitations is the legal deadline by which you must file a lawsuit. Miss it, and the defendant can have your case dismissed regardless of how strong your claim might be. Courts rarely grant exceptions.

In Florida, the new two-year clock generally begins running on the date of the accident. For wrongful death cases, it begins on the date of death. For medical malpractice cases, the general rule is two years from when the injury was discovered or should have been discovered, with an absolute cap in most cases of four years from the incident.

Even if you have time remaining on the clock, waiting to consult an attorney is rarely wise. Evidence deteriorates. Witnesses move or forget details. Surveillance footage gets overwritten. The sooner you engage legal counsel, the better your chances of preserving the evidence that makes your case.

For anyone who has been injured in Florida within the past two years, the most important piece of advice is simple: find out where you stand legally before it's too late.