If you’ve been hurt in an accident, the last thing on your mind is paperwork or legal deadlines, but waiting too long could cost you everything. Florida law doesn’t give you forever to take action, and missing the deadline to file a claim can shut the door on your chance for compensation. Here’s why that ticking clock matters more than you think.
What Is The Personal Injury Statute Of Limitations?
The statute of limitations is the legal deadline to file your personal injury lawsuit. In Florida, that usually means you have just two years from the date of your accident to take legal action. This rule, sometimes referred to as the negligence statute of limitations, is outlined in Florida Statutes § 95.11(4)(a) and was updated in March 2023 as part of the state’s tort reform. That’s down from the four years injury victims used to have. Whether you were hit by a car, slipped in a store, or suffered harm because someone else was careless, that countdown starts the day you were hurt. Miss it, and the court won’t hear your case, no matter how severe your injuries are.
Why Do Statutes of Limitations for Personal Injury Exist?
You might wonder why the law even sets a deadline when someone’s been seriously hurt. The answer has less to do with your recovery and more to do with how the legal system works. Statutes of limitations are designed to protect evidence so memories don’t fade, documents aren’t lost, and witnesses are still around to testify. They also help keep the system moving by preventing lawsuits from hanging over people forever.
But for injury victims, this clock doesn’t just protect fairness, but adds pressure.
Does Filing an Insurance Claim Count as “Filing a Lawsuit”?
Many people think that opening an insurance claim satisfies the statute of limitations. It doesn’t, and this is a key point. The deadline only applies to lawsuits filed in court. You can be negotiating with an insurance company for months, but if you haven’t actually filed your case in court before the deadline, your legal rights may be gone forever.
In short, whether you’re “filing a claim” or “suing someone,” you’re still working under the same legal deadline that is the statute of limitations.
Time Limits to Claim Injury After a Car Crash: Case-by-Case
Every injury is different, and Florida law doesn’t offer a one-size-fits-all deadline for every case type. The countdown to file your case depends on what happened and when you discovered it. Let’s break down how much time you really have to file a claim or lawsuit based on the type of case:
Motor Vehicle – Car, Truck & Motorcycle Accidents
Whether you’re injured in a car crash, hit by a semi, or thrown from a motorcycle, Florida law gives you 2 years from the date of the accident to file your lawsuit. This deadline also applies to hit-and-run accidents, even if the at-fault driver hasn’t been identified yet. These claims often involve multiple parties and complex insurance issues, including uninsured motorist coverage, so acting fast is critical. The clock doesn’t pause while you search for the driver. Waiting could cost you your right to compensation.
Medical Malpractice
These cases work a little differently. You have 2 years from the date you discovered the medical error, or should have discovered it through reasonable diligence. However, the law imposes a hard limit of 4 years from when the malpractice actually occurred, regardless of when you found out. In rare cases involving fraud, concealment, or intentional misrepresentation, the deadline can extend up to 7 years, but that’s difficult to prove and rarely granted. If the victim is a minor, the law allows additional time, until the child’s eighth birthday in some cases. If you suspect a surgical error, missed diagnosis, or prescription mistake, don’t delay. These cases are legally complex and time-sensitive.
Slip and Fall / Premises Liability
You have 2 years to file suit in a slip and fall case. Property owners may quickly fix the hazard or delete camera footage, so acting fast helps preserve key evidence.
Product Liability
If a dangerous product, like a defective car part, medication, or consumer item, caused your injury, you have 2 years to sue those responsible. Florida follows strict product liability laws, which can help you recover damages even if the manufacturer didn’t “mean” to cause harm.
Wrongful Death
Wrongful death lawsuits must be filed within 2 years of the person’s death. This applies to any fatal injury caused by negligence, like a car crash, workplace accident, or medical error. Only certain close relatives (like spouses, parents, or children) can bring the claim.
Construction Accident
You have 2 years to file a personal injury lawsuit, but if it’s a workers’ compensation claim through your employer, different rules and deadlines might apply. These cases can get complicated fast, especially when safety violations or third-party contractors are involved.
Child Sexual Abuse
Florida law provides flexible time limits for victims of childhood sexual abuse. Many survivors can file civil lawsuits into adulthood, especially when the trauma wasn’t recognized until later.
As you can see, most personal injury cases in Florida come with a strict 2-year deadline to file a claim. However, certain circumstances may extend the statute of limitations in each of these case types.
Are There Exceptions to Florida’s Statute of Limitations?
Florida law makes room for certain situations where the standard 2-year deadline may not apply, but be extended when:
- Victim is a Minor – If the injured person is under 18, the statute of limitations may not begin until their 18th birthday. This gives minors extra time to file once they’re legally able.
- Mental Incapacity – If someone is mentally incapacitated due to injury or illness and legally unable to manage their own affairs, the statute may be paused until they regain capacity.
- Discovery Rule (Medical Malpractice) – In cases like a missed diagnosis or surgical error, the timeline may start when the injury is discovered, not when it occurred. But Florida still caps this at 4 years in most cases. The discovery rule can help if you truly had no way of knowing you were harmed, but it’s a narrow exception. Speak with a lawyer before assuming it applies.
- Defendant’s Evasion or Absence – If the at-fault party leaves the state or deliberately hides to avoid being served, the statute can be tolled (legally paused) until they return or are located.
But don’t assume these rules will automatically apply to your case. These exceptions are narrow, and using them requires strong legal arguments and clear evidence. Also, personal injury claims against government entities come with their own strict deadlines and rules, and deserve separate attention.
What About Claims Against the Government?
If your injury involves a government agency, like slipping in a public building, getting hit by a city bus, or being hurt by a government employee, your timeline gets even tighter. In Florida, before you can sue a state or local government entity, you must file a formal notice of claim within 3 years of the incident. And if someone dies, that window drops to 2 years.
This notice isn’t just paperwork but a legal requirement. Without it, the court will throw out your case. After you file, the agency gets 180 days to investigate before you can sue. And you can’t skip this step, no matter how serious your injuries are.
Cases involving government entities come with stricter damage caps, which means you may not recover as much as you would from a private party. But that doesn’t mean you don’t have a case, but that you need the right legal strategy from the very start.
Let’s look at what can happen if you wait too long and miss the statute of limitations in any of these cases.
What If You Miss the Deadline?
If the statute of limitations runs out before you file, your case is likely over, no matter how strong it is. The court won’t hear it. The insurance company won’t negotiate. And the person who hurt you walks away without accountability. It doesn’t matter if your injuries are permanent or your bills are piling up, but missing the deadline shuts the door.
That said, don’t assume it’s too late until you’ve spoken with a lawyer. There are rare situations where the mentioned exceptions apply or where the legal clock didn’t start when you thought it did. If you’re even slightly unsure, get answers now. Many people miss the deadline because they spend too long gathering evidence, but the truth is that it doesn’t stop you from filing a claim.
Can You Still File If You Don’t Have All My Evidence Yet?
You don’t need every record or medical bill in hand before filing. In fact, once you file, you’ll have time during the legal process to gather and present all your evidence. The most important thing is filing before the statute runs out, and after you can build from there.
When Should You Call a Lawyer?
The statute of limitations isn’t just a distant deadline, but shapes your entire case from day one. Every day that passes after your injury, evidence fades, witnesses forget, and insurance companies build their defense. The sooner a lawyer gets involved, the more they can do to protect your rights and preserve what matters.
Even if you’re still recovering, even if you don’t feel ready to sue, even if you’re not sure you have a case, don’t wait. An attorney can step in, explain your timeline, gather proof, and make sure you don’t miss your chance at justice. You don’t have to do this alone, and you definitely don’t have to wait until it’s almost too late,
At Steinger, Greene & Feiner, we’ve helped thousands of injury victims navigate Florida’s strict statute of limitations, and we know how fast those deadlines can sneak up. Whether you were hurt in a crash, by a negligent doctor, or on unsafe property, our personal injury lawyers team is ready to move quickly and build your case the right way. With offices across Florida—including West Palm Beach, Miami, Fort Lauderdale, Tampa, Fort Myers, Orlando, Port St. Lucie, and beyond—we’re never far from where you need us most.
You don’t pay us anything unless we win. That means there’s zero cost to get started, and no reason to delay talking with an attorney just because money’s tight. Your time is valuable, and your case is too.
We understand the urgency and the emotional weight of what you’re going through. Call us today and let us take it from here.