Florida’s Statute of Limitations: How Long Do You Have to File a Claim?
After an accident, your first priorities are your health, your family, and getting your life back on track. Legal deadlines are probably the last thing on your mind. But Florida law places strict time limits on injury claims, and missing one can mean losing your right to compensation entirely, no matter how strong your case is. Here is what you need to know about Florida’s statute of limitations and why acting early matters.
How Long You Have to File in Florida
In 2023, Florida passed a major tort reform law, HB 837, that cut the deadline for most negligence-based personal injury claims from four years to two years. That change applies to accidents that occurred on or after March 24, 2023. If your accident happened before that date, the older four-year deadline may still apply.
Other types of cases follow their own rules. Wrongful death claims generally must be filed within two years of the date of death. Medical malpractice claims typically have a two-year deadline that starts when the injury was discovered, or should have been discovered, along with an outer limit that bars most claims filed more than four years after the incident. Claims against a city, county, or state agency come with special notice requirements that must be met before a lawsuit can be filed.
Why You Should Not Wait Until the Deadline
Two years can sound like plenty of time, but strong cases are built early. Evidence such as surveillance footage, vehicle data, and skid marks can disappear within days or weeks. Witnesses move away, and memories fade. Medical records that connect your injuries to the accident are most persuasive when treatment begins right away. For car accidents, Florida’s no-fault rules also require you to seek medical care within 14 days to qualify for personal injury protection (PIP) benefits.
Insurance companies are well aware of these deadlines. Some adjusters drag out negotiations hoping the clock runs out, leaving an injured person with no leverage and no options. Once the statute of limitations passes, the court will almost always dismiss the case, and the insurer no longer has any reason to pay.
Rafaeli Law offers free consultations and works on a contingency fee basis, so there is no cost to find out exactly which deadline applies to your situation.
Conclusion
Every day after an accident matters when it comes to protecting your claim. If you were struck while walking, a pedestrian accident lawyer in Weston, FL can start building your claim while witness memories are still fresh. Acting early gives your attorney the time to gather evidence, build your case, and pursue the full compensation you deserve.