Florida Statute of Limitations for Personal Injury Cases

The insurance adjuster just called saying you have “plenty of time” to consider their lowball settlement offer, but something feels wrong about their urgency to close your case quickly. You start googling frantically: “How long do I have to file a claim?” We know your mind is racing with questions about deadlines while you’re trying to focus on healing. What the insurance company didn’t tell you is that Florida’s statute of limitations for personal injury cases changed dramatically in 2023, slashing filing deadlines from 4 years to 2 years under HB 837. This comprehensive guide will help you understand exactly which deadlines apply to your specific case, when the clock actually starts ticking, what exceptions might protect you, and answer the urgent questions families ask when time is running out.

How Did HB 837 Change Florida’s Personal Injury Statute of Limitations?

Florida’s personal injury statute of limitations underwent the most significant change in decades when House Bill 837 took effect on March 24, 2023. This comprehensive tort reform reduced the filing deadline from 4 years to just 2 years for most negligence-based personal injury claims under Florida Statute §95.11(4)(a).

• Before March 24, 2023: 4 years to file under Florida Statute §95.11(3) (general negligence)
• After March 24, 2023: 2 years to file under Florida Statute §95.11(4)(a) (for causes accruing on or after that date)

Critical Point: Your filing deadline depends on when your accident occurred, not when you decide to hire an attorney. Insurance companies are banking on accident victims not understanding these shortened deadlines—that’s exactly why you need experienced legal guidance to protect your rights before time runs out.

What Are Florida Personal Injury Statute Deadlines by Case Type?

Knowing which deadline applies to your specific Tampa or Orlando accident is crucial for protecting your compensation rights. Florida law creates different time limits based on the type of claim and legal theory involved.

Standard 2-Year Negligence Claims

Under Florida Statute §95.11(4)(a), these cases have a 2-year deadline from the date of injury:

1. Car accident claims involving driver negligence – includes rear-end collisions, distracted driving, and failure to yield cases.
2. Premises liability cases like slip and falls due to unsafe conditions – wet floors, broken stairs, inadequate lighting, or poor maintenance.
3. Truck accident claims involving commercial vehicle negligence – driver fatigue, improper loading, or equipment failures.
4. Motorcycle accident cases when drivers fail to see riders – left-turn collisions and lane-changing accidents.
5. Pedestrian accident claims involving crosswalk or sidewalk incidents – failure to yield and distracted driving cases.
6. Bicycle accident cases when drivers violate 3-foot passing laws – dooring accidents and right-hook collisions,
7. Dog bite cases when pursuing negligence (beyond strict liability under Florida Statute §767.04) – the owner knew of aggressive tendencies.
8. Brain injury claims from traumatic accidents – concussions, cognitive impairment, and memory loss from any accident type.

Other Case Types: 4-Year Deadlines

Certain cases still follow longer deadlines under Florida law:

• Product liability claims based on design or manufacturing defects have 4 years under Florida Statute §95.11(3)(d).
• Intentional torts like assault, battery, and false imprisonment have a 4-year statute under Florida Statute §95.11(3)(n).

Medical Malpractice: Special Timeline

Florida Statute §95.11(5)(c) creates unique deadlines for medical malpractice:

• 2 years from the discovery of the injury and its cause.
• 4 years maximum from the date of the incident (statute of repose).
• 7 years for cases involving fraud or concealment.

Wrongful Death: 2 Years from Death

Under Florida Statute §95.11(4)(d), wrongful death claims must be filed within 2 years from the date of death, not the date of the incident that caused death.

Government Claims: Shorter Notice Requirements

Claims against government entities under Florida Statute §768.28 involve strict notice and filing deadlines. You must provide written notice within 3 years for personal injury or 2 years for wrongful death before filing suit. This notice doesn’t extend the statute of limitations, so both deadlines must be met. A separate 4-year limitation in §768.28(14) also applies to many state and local claims.

When Does the Statute of Limitations Clock Start Ticking?

While most Florida personal injury deadlines begin on the accident date, Florida’s discovery rule under Florida Statute §95.031 provides critical protection when injuries aren’t immediately apparent.

Florida’s Discovery Rule Exception

The discovery rule shifts your deadline to when you reasonably discovered (or should have discovered) both:

1. The existence of your injury
2. The causal connection to someone else’s negligence

Standout Answer: In a recent Tampa brain injury case, our client’s concussion symptoms didn’t manifest until weeks after a rear-end collision. The discovery rule protected their claim because medical evidence showed the delayed onset was reasonable given the nature of traumatic brain injuries.

What Critical Exceptions Can Pause Your Deadline?

Florida law recognizes certain circumstances that can toll (pause) or extend your statute of limitations deadline. These exceptions under Florida Statute §95.051 provide crucial protection for vulnerable plaintiffs.

1. Mental Incapacity Tolling: Florida Statute §95.051(1)(i) pauses your deadline if you lack the mental capacity to pursue your claim due to traumatic brain injuries affecting decision-making ability, severe depression or PTSD preventing legal action, or coma and other conditions causing mental incapacitation.
2. Minority Tolling for Children: Florida Statute §95.051(1)(d), if you’re under 18 when injured, your deadline is tolled until you reach age 18, and generally the limitations period runs until at least age 20, subject to specific statutory caps (especially in medical malpractice and other special categories). This protection ensures children aren’t penalized for their parents’ delays.
3. Defendant Absence from Florida: Under Florida Statute §95.051(1)(a), Florida law extends deadlines when the at-fault party leaves Florida after causing your injury, cannot be served with legal papers due to their absence, and the time they’re absent doesn’t count toward your deadline.
4. Fraudulent Concealment: In limited circumstances, if the defendant actively hides their responsibility for your injury, Florida law may extend your deadline under principles of equitable tolling.

FAQ About Florida Personal Injury Statute Deadlines

As Tampa and Orlando’s trusted personal injury attorneys, these are the urgent questions families ask us about statute of limitations deadlines:

1. What Happens If I Miss the Florida Statute of Limitations Deadline? When you miss the statute of limitations, your case is dismissed with prejudice (no second chances), you face a permanent bar against that defendant for that incident, no recovery is possible regardless of how clear the negligence was, and attorney fees may even be awarded to the defendant under Florida Statute §57.105.
2. What Should I Do If My Deadline Is Approaching & I’m Still Gathering Evidence or Receiving Medical Care? File your lawsuit immediately to preserve your claim, then use Florida’s discovery process to gather additional evidence after filing. Getting ongoing medical treatment strengthens your case.
3. What Evidence Disappears Quickly After An Accident? Security camera footage (deleted after 30-90 days), witness memories (fade after 6 months), accident scene conditions, and vehicle damage before repairs.
4. If I File a Lawsuit and Name the Wrong Defendant, Can It Be Fixed After the Deadline? Sometimes. Florida Rule of Civil Procedure 1.190 may allow amendments that relate back to the original filing date, but whether you can add or correct a defendant after the deadline is very fact-specific and not guaranteed.
5. Does Bankruptcy by the At-Fault Party Stop My Statute of Limitations Clock? Usually, no bankruptcy typically does not stop Florida’s limitations period, but bankruptcy law can be very technical and may involve federal tolling provisions in certain situations.
6. Can I File in Florida If My Accident Happened Here But I Live Out-of-State? Yes, Florida courts have jurisdiction over accidents occurring within the state, regardless of your residency.
7. If the Insurance Company is Negotiating Still, Does the Deadline Get Extended? No, settlement negotiations never pause or extend statutory deadlines under Florida law.

Client Success Story: “I really can’t say enough incredible things about not only Jon but his entire team. Jon is on another level compared to any attorney I have ever dealt with. In no specific order,r he is extremely intelligent, he’s personable, he’s fair, Johnny on the spot in that I felt I could text or call him anytime, responsible, timely, you name it. He’s my first and last call from an attorney for the rest of my life. Even if I know it’s not something he specializes in, I trust his recommendations. Can’t tell you how many times he’s helped me, even if just giving me advice on who to call. You are the best.” – Bret Daniel Pollak.

Don’t Let Deadlines Destroy Your Compensation—Contact Central Florida’s Trusted Legal Team

If you’re in Tampa, Orlando, or Central Florida and worried about missing your personal injury filing deadline, don’t let insurance companies’ misleading advice cost your family hundreds of thousands in compensation. At De Armas Law, attorney Jonathan De Armas uses his insurance defense background to spot deadline traps that other lawyers miss, ensuring your claim gets filed properly and on time while you get his personal cell phone number for direct access when questions arise. Call De Armas Law for your free consultation: Tampa 813-680-7777 | Orlando 407-362-7777. We’re available 24/7 because your deadlines won’t wait, and neither should you.