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How Long Do I Have to File an Injury Claim in Florida?

For most injuries, the deadline is now two years — but there are important exceptions. Here is what to know.

Missing the deadline (the 'statute of limitations') usually means losing your right to compensation entirely, so this matters. Florida changed its rules in 2023.

The general rule: two years

For most negligence-based injuries — car crashes, slip and falls, and similar — that happened on or after March 24, 2023, you generally have two years from the date of the accident to file a lawsuit. This came from Florida House Bill 837, which shortened the old four-year window.

Injuries before March 24, 2023

If your accident happened before that date, the older four-year deadline may still apply. The transition rules can be tricky, so it is worth confirming your specific date.

Important exceptions

Why you should not wait

Evidence disappears fast — surveillance video is overwritten, witnesses forget, and vehicles get repaired. Acting early protects both your deadline and the strength of your case.

What the deadline actually stops

The statute of limitations is the deadline to file a lawsuit in court, not the deadline to settle. Many claims resolve through negotiation without a lawsuit ever being filed. But if the deadline passes without a filing, you generally lose the leverage entirely, and the insurance company knows it — which is why offers often shrink as the deadline nears.

Insurance deadlines are separate and shorter

Your own policy usually requires prompt notice of a crash, sometimes within days. Florida PIP benefits in particular require seeking initial medical treatment within 14 days of a motor vehicle accident. Missing that window can cost you coverage even if your lawsuit deadline is still years away.

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Frequently Asked Questions

What happens if the deadline passes?
In most cases the court will dismiss your claim and you lose the right to recover. That is why it is critical to act before the deadline.
Is the deadline different for wrongful death?
Yes. Wrongful death and certain other claims follow separate timelines. Contact us to review the specific facts.
When does the clock start?
Usually on the date of the accident, though some situations use the date the injury was discovered.
Does my insurance claim have the same deadline?
Insurance policies often have their own, shorter notice requirements. Report promptly and get advice quickly.
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