Florida’s 2-Year Statute of Limitations: What Injury Victims Must Know

In 2023, Florida sharply shortened the time injury victims have to file a personal injury lawsuit. Under HB 837, the statute of limitations for most personal injury claims was cut from four years to two. This change has real consequences for anyone who has been hurt — and real urgency for anyone who has not yet consulted an attorney. This post explains what the statute of limitations is, how it applies, and what happens if you miss it.

What Is a Statute of Limitations?

A statute of limitations is a legal deadline. It sets the maximum amount of time after an injury-causing event during which you may file a lawsuit. If the deadline passes and you have not filed, your right to sue is extinguished — regardless of how seriously you were injured, how clear the liability is, or how substantial your damages are.

Courts apply statutes of limitations strictly. A lawsuit filed one day past the deadline will be dismissed. The defendant’s attorney files a motion based on the expired statute, and without a valid exception, the case ends there.

This is not a technicality or a formality. It is the law — and it has ended claims that would otherwise have been strong ones.

HB 837 — Florida’s 2023 Tort Reform and the New Deadline

Before HB 837, Florida’s general personal injury statute of limitations was four years. Accident victims had what appeared to be substantial time — four years from the date of their injury — to decide whether to pursue a lawsuit.

HB 837, signed into law on March 24, 2023, cut that period in half. For accidents and injuries that accrue on or after March 24, 2023, the statute of limitations for most personal injury claims is two years.

This change was part of a broader tort reform package that also modified Florida’s comparative negligence rules and other provisions affecting injury litigation. The shortened deadline is not universally popular — two years is a compressed window for serious injury cases that need time to develop medically and legally — but it is the law as it now stands.

When Does the Clock Start?

In most personal injury cases, the statute of limitations begins running on the date of the accident or injury-causing event. A car accident on April 1, 2024 starts a clock that expires on April 1, 2026.

There are specific situations that can affect when the clock starts:

• Discovery rule: In some cases, the injury or its cause is not immediately apparent. Florida law may toll — pause — the statute of limitations until the injury is discovered or reasonably should have been. This applies more often in medical malpractice and toxic exposure cases than in car accidents, where the injury and its cause are typically known right away.
• Minors: Different rules apply when the injured person is a minor. Consult an attorney to understand the applicable timeline if a child was injured.
• Wrongful death: Florida’s wrongful death statute has its own two-year limitation period, which runs from the date of death rather than the date of the accident. These can be the same date or different dates depending on when the victim died relative to the initial injury.

Government Entities — A Shorter, Stricter Deadline

If your injury was caused by a government vehicle, a government employee, or a condition on government-maintained property, the standard two-year period does not apply to pre-suit requirements. Claims against government entities in Florida require a formal written notice of claim first — and that notice must be presented within three years of the incident (two years for a wrongful death claim).

The government entity then has a period to respond before you may file a lawsuit. These procedural requirements are separate from and in addition to the statute of limitations, and missing them can bar your claim even if the standard filing deadline has not yet passed.

Government claims involve procedural rules distinct from standard personal injury litigation. If a government vehicle or government-controlled location was involved in your accident, involve an attorney immediately — the timeline is more compressed and the process more demanding.

Common Misconceptions About the Statute of Limitations

• “I have two years, so I have plenty of time.”: Two years sounds like a long time, but serious injury cases require substantial preparation. Your attorney needs time to gather medical records, investigate liability, retain experts, and send a demand before litigation becomes necessary. Cases barely within the statute of limitations start at a disadvantage — there is no time for the careful development that produces strong results.
• “I was negotiating with the insurance company — the clock must have paused.”: No. Settlement negotiations do not toll the statute of limitations. If you spend 23 months negotiating with an insurer and never file a lawsuit, you may be one month from a permanently barred claim. An experienced attorney manages the negotiation timeline against the filing deadline carefully.
• “I did not know I had a legal claim until recently.”: In most car accident cases, the clock runs from the date of the accident, not from the date you learned you had legal rights. The discovery rule that applies in some cases is narrow. Do not assume your time has not started running.
• “My injuries were not that serious at first.”: Many serious injuries — herniated discs, traumatic brain injuries (TBI), spinal conditions — develop or worsen over time. Feeling relatively okay at first does not reset the clock. The accident date is usually what matters.

The Wrongful Death Statute of Limitations

When a negligent act causes a person’s death, Florida law provides a separate cause of action for surviving family members. The wrongful death statute of limitations in Florida is two years from the date of death.

When a victim survives an accident for a period and then dies from their injuries, the wrongful death clock runs from the death, not the accident. Any personal injury claim the victim held during their lifetime, however, ran from the accident date. The interaction between these timelines is where early attorney involvement can prevent an irretrievable loss of rights.

What Early Action Protects

Filing before the statute of limitations is the minimum. Strong cases are built by attorneys who act quickly. Here is what early action protects:

• Evidence: Traffic camera footage, surveillance video, and electronic vehicle data are overwritten or lost within days to weeks. An attorney can send preservation demands immediately.
• Witnesses: Memories fade. Witnesses move. Early interviews produce more reliable, detailed accounts.
• Medical documentation: Gaps in treatment undermine injury claims. Consistent care from the beginning creates a clean record.
• Leverage: Insurance companies know when a plaintiff is approaching a filing deadline. Early representation, with no pressure from an expiring statute, puts you in a stronger negotiating position.

Eric A. Hernandez — Protecting Your Rights Before Time Runs Out

Attorney Eric A. Hernandez at HLM Injury Lawyers has spent more than 25 years representing injury victims throughout Coral Springs, Broward County, and South Florida. He understands what is at stake when time is short — and he moves quickly to protect every client’s legal rights from the moment they call.

If your accident was recent, the two-year clock is running. If your accident was more than a year ago, the window is narrowing. Either way, today is the right time to call.

Contact HLM Injury Lawyers — Free Consultation

Florida’s two-year statute of limitations is unforgiving. Once it expires, your right to compensation expires with it — permanently.

Do not wait. Call HLM Injury Lawyers today for a free consultation with attorney Eric A. Hernandez.

(305) 842-2100 3301 N. University Dr., Suite 100 Coral Springs, FL 33065

Serving Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County. Spanish-language service available.