How Long Do I Have to File an Injury Claim in Florida? (It Got Shorter)

If your sense of the deadline comes from anything you heard before 2023, it is probably wrong, and that mistake can be fatal to a claim. Florida used to give injury victims four years to file. It does not anymore. A sweeping change in the law cut that window in half, and many injured people still do not know it.

The two-year deadline

Under the tort reform law known as House Bill 837, effective March 24, 2023, the statute of limitations for most negligence based injury claims in Florida is now two years, down from the prior four. This shorter deadline applies to claims that accrued on or after that date, which for most crashes and falls means the date of the injury. It covers the bulk of personal injury cases, including car crashes, truck and motorcycle wrecks, bicycle and pedestrian cases, boating claims, and slip and fall and premises claims. If your injury happened before March 24, 2023, the old four year deadline generally still applies.

What the deadline does not forgive

The two year limit is close to absolute. Courts do not extend it because you were still treating, did not know the rule, were negotiating with an insurer, or had not grasped how serious your injuries were. Miss it, and the court will almost certainly dismiss your case no matter how strong it is. Filing an insurance claim does not stop the clock, since the claim process and the lawsuit deadline are separate tracks.

A few different clocks

Not every case runs on the same timer. Wrongful death still carries a two year deadline, running from the date of death, and that did not change. Medical malpractice generally runs two years from when the harm was discovered or should have been discovered, with an outer limit that can bar older claims. Product liability claims run on their own four year period. Claims against a government agency add separate notice requirements that must be met on top of the deadline. Which clock applies to your case is not always obvious, and getting it wrong is costly.

Why two years is shorter than it sounds

Two years feels like plenty until you live it. Between medical treatment, insurance back and forth, and gathering the evidence a case needs, the time evaporates, and a lawyer often needs several months of lead time to build and file properly. By the time many people think about a lawsuit, far less than the full window remains.

The shortened deadline is one of the biggest reasons not to wait after an injury, because the strongest evidence also fades in exactly that window. I preserve the proof and the deadline while you focus on healing, and I represent injured people, not insurers. If you were hurt anywhere across the Gulf Coast, do not let the clock decide your case for you. Here is how a Florida injury claim works.

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Rory Safir

About the author

Rory Safir is a Florida injury and criminal defense lawyer and one of a handful of ACS-CHAL Forensic Lawyer-Scientists in the state. He builds injury cases the way he builds a defense, from the evidence up: the crash reconstruction, the records, and the cross-examination of the insurer’s experts.

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