How Long Do You Have to File a Personal Injury Claim in Florida?
If you've been injured because of someone else's negligence, you may be focused on your medical treatment, recovery, work, and getting your life back to normal.
But there is another important issue you should not overlook:
How long do you have to file a personal injury claim in Florida?
The answer depends on several factors, including the type of injury, who caused it, and the circumstances surrounding the claim.
Florida's statute of limitations establishes deadlines for filing certain lawsuits. Missing the applicable deadline can potentially prevent you from pursuing your claim in court.
That's why it's important to speak with a personal injury attorney as soon as possible after an accident.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline for filing a lawsuit.
In Florida, the deadline varies depending on the type of claim.
For many negligence-based personal injury claims, Florida law generally provides a two-year statute of limitations for causes of action accruing on or after March 24, 2023.
However, there are important exceptions.
The law changed in 2023, so the date of the accident and when the cause of action accrued can matter.
What About Older Accidents?
If your accident happened before March 24, 2023, different rules may apply.
For many negligence claims arising before the 2023 change, the statute of limitations was generally four years.
Because the applicable deadline can depend on when the claim accrued and the specific cause of action, you should not assume that you automatically have four years—or two years—to file.
An attorney can evaluate the specific facts of your case and determine which deadline applies.
What Happens If You Miss the Deadline?
Potentially, you could lose your ability to pursue the claim in court.
Even if you have significant medical bills, lost wages, or other damages, failing to file within the applicable statute of limitations can create a serious barrier to recovery.
This is one reason you should not wait until the deadline is approaching to speak with an attorney.
Building a personal injury case takes time.
There Are Exceptions and Special Rules
The statute of limitations is not always straightforward.
Different deadlines may apply depending on the type of claim and the defendant.
For example, claims involving:
Government entities
Medical malpractice
Wrongful death
Minors
Product liability
Intentional misconduct
Insurance issues
may involve different rules or additional requirements.
Claims against governmental entities can also involve special presuit procedures and shorter deadlines.
Why You Should Contact an Attorney Early
Even when you technically have time to file a lawsuit, waiting can make your case more difficult.
Important evidence can disappear.
Witnesses may become harder to locate.
Surveillance footage may be deleted.
Documents can become more difficult to obtain.
And insurance companies may begin investigating the claim immediately.
An attorney can help preserve evidence, communicate with insurance companies, investigate liability, and determine what your claim may be worth.
What Should You Do After an Accident?
If you've been injured, consider taking these steps:
1. Seek Medical Attention
Your health should be your first priority.
Even if you don't believe your injuries are serious, symptoms can develop later.
2. Document What Happened
Take photographs and videos if you can safely do so.
Keep records of:
Medical appointments
Medical bills
Prescriptions
Lost work
Accident reports
Insurance communications
3. Avoid Posting About the Accident
Social media posts can potentially be used as evidence in a personal injury dispute.
When in doubt, don't post about your accident, injuries, or claim.
4. Be Careful When Speaking With Insurance Companies
You should be truthful, but you should also understand that the insurance company's interests may not be the same as yours.
5. Speak With a Personal Injury Attorney
An attorney can evaluate your situation and explain your legal options.
What Damages Can You Recover?
Depending on your circumstances, a personal injury claim may involve damages such as:
Medical expenses
Lost wages
Loss of earning capacity
Property damage
Pain and suffering
Mental anguish
Disability
Disfigurement
Other legally recoverable losses
The value of a claim depends on the specific facts.
Don't Wait Until the Deadline
One of the biggest mistakes an injured person can make is assuming there is plenty of time.
The applicable deadline may be closer than you think, and additional requirements can complicate the process.
If you've been injured in Florida, getting legal advice early can help protect your rights.
Were you injured because of someone else's negligence? Contact our Florida personal injury attorney to discuss your situation and learn what options may be available to you.
This article is for general informational purposes only and does not constitute legal advice. Statutes of limitation and other deadlines can vary based on the specific facts of a case.
