What Is the Statute of Limitations for Personal Injury in Florida?
Florida law gives you two years from the date of your accident to file a personal injury lawsuit. That deadline was shortened by HB 837, Florida’s 2023 tort reform law, which reduced the prior four-year window by half. If you do not file your claim within that two-year period, Florida courts will almost certainly dismiss your case — regardless of how serious your injuries are or how clearly the other party was at fault.
Two years may sound generous, but injury cases consume time quickly. Medical records must be gathered, liability investigated, expert opinions sometimes obtained, and insurance negotiations often stall. If those negotiations break down and you have waited too long, you lose your right to sue entirely. The single most important step you can take after an accident is to consult an attorney early — before the clock runs out.
When Does the Two-Year Clock Start?
The statute of limitations clock begins on the date of the accident or the event that caused your injury. In most cases, that date is clear: the day of the car crash, the day you fell, or the day the incident occurred. From that date forward, you have exactly two years to file a civil lawsuit in Florida court.
The deadline is for filing a lawsuit — not for resolving your claim. Settlement negotiations do not pause or extend the statute of limitations. Many injury victims assume that working with an insurance company buys extra time. It does not. If the two-year mark passes without a filed lawsuit, you lose your leverage — and usually your right to recover.
Are There Exceptions to the Two-Year Deadline?
Florida law recognizes limited exceptions that can adjust the two-year window in specific circumstances.
- Discovery rule: In cases involving latent injuries — harm that was not immediately apparent at the time of the incident — Florida courts may allow the statute of limitations to begin running from the date you discovered, or reasonably should have discovered, the injury rather than from the date of the underlying event. This is a narrow exception and does not apply in routine accident cases where injuries were apparent.
- Minors: If the injured person is a minor at the time of the accident, special rules may toll — or pause — the statute of limitations until the minor reaches adulthood. However, the specifics depend on the type of claim and other circumstances, which is why consulting an attorney is essential when a child is injured.
- Mental incapacity: If the injured party is legally incapacitated, tolling provisions may also apply.
- Government entities: If a government-owned vehicle or government employee caused your accident, you face a separate notice-of-claim requirement that must be satisfied before any lawsuit can proceed. Missing the government notice requirement can be just as fatal to your case as missing the statute of limitations. These claims require immediate legal attention.
What About Wrongful Death Claims?
If your loved one died as a result of someone else’s negligence, Florida’s wrongful death statute of limitations is also two years from the date of death — not the date of the underlying accident if those dates differ. Under HB 837, the same 2023 tort reform that changed the personal injury deadline also governs wrongful death timelines.
Wrongful death claims involve additional legal complexity: identifying eligible survivors, calculating each survivor’s losses, and coordinating the estate’s claim against the at-fault party. These cases require immediate action because the investigative work alone — preserving evidence, interviewing witnesses, obtaining records — can take months.
Why Waiting Is Dangerous
Every day that passes after an accident is a day evidence degrades. Surveillance footage gets overwritten. Witnesses move or forget. Physical evidence disappears. Skid marks fade. The at-fault party’s insurance company has investigators working from the moment a claim is reported — and their goal is to minimize what they pay you, not to protect your rights.
The shorter the time remaining before your deadline, the less leverage you carry. Insurance companies know when your clock is running out and have every incentive to stall. Early representation changes that dynamic — when an attorney is involved, the insurer knows you are prepared to litigate.
How HLM Injury Lawyers Can Help
Eric A. Hernandez is a Coral Springs personal injury attorney with more than 25 years of trial experience. Before entering private practice, Eric served as an Assistant U.S. Attorney for the Southern District of Florida and clerked for Chief Justice Charles T. Wells of the Florida Supreme Court — experience that shapes every case he handles. He is admitted to the U.S. Supreme Court Bar and is bilingual in English and Spanish.
At HLM Injury Lawyers, the firm handles every case on a contingency fee basis: you pay nothing unless a recovery is made. The free consultation costs you nothing and gives you a clear picture of where you stand before the deadline pressure becomes critical.
Do not let time run out. Call HLM Injury Lawyers at (305) 842-2100 or visit hlminjurylawyers.com to schedule your free consultation today. The firm serves clients throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and Broward County.
Frequently Asked Questions
Q: Can I still file if the two-year deadline has already passed? A: In most cases, no. Once the statute of limitations expires, Florida courts will dismiss your lawsuit. Very limited exceptions exist, such as fraud by the defendant that concealed the injury, but these are rare. If you believe you are close to or past the deadline, call an attorney immediately to assess whether any exception applies.
Q: Does filing a claim with the insurance company stop the clock? A: No. Filing an insurance claim is not the same as filing a lawsuit. The two-year statute of limitations requires a lawsuit filed in civil court. Insurance negotiations do not toll or extend that deadline.
Q: What if I did not know I was injured right away? A: If your injury was not immediately apparent, the discovery rule may allow the clock to start from when you discovered — or reasonably should have discovered — the injury. This is fact-specific and requires attorney analysis.
Q: The accident was partly my fault. Does the deadline still apply to me? A: Yes. The two-year statute of limitations applies regardless of how fault is allocated. Florida’s modified comparative negligence system addresses how fault affects your recovery, but the filing deadline is separate. You must still file within two years.
Contact HLM Injury Lawyers — Free Consultation
Time is the one thing you cannot recover in a personal injury case. Florida’s two-year statute of limitations — shortened from four years under HB 837 — moves faster than most people expect. If you or someone you love was injured in an accident, call HLM Injury Lawyers at (305) 842-2100 today. Eric Hernandez and the team offer a free consultation with no obligation and no upfront cost. Do not wait until the deadline is days away — call now.
HLM Injury Lawyers 3301 N. University Dr., Suite 100 Coral Springs, FL 33065 (305) 842-2100 hlminjurylawyers.com