After sustaining an injury due to another party’s negligence, you can file a lawsuit to seek compensation for your damages. But, like many legal cases, a statute of limitations applies. Keep reading to learn how long you have to file a personal injury claim in Florida, along with other factors to keep in mind as you file.
What’s the Statute of Limitations for Personal Injury Claims in Florida?
The statute of limitations for personal injury claims in Florida is currently two years from the date of the incident. This means that you have two years to file a lawsuit.
It’s important to note that the statute of limitations for personal injury claims changed on March 24, 2023. On this date, Governor Ron DeSantis signed H.B. 837 into law, reducing the statute of limitations in negligence cases from four years to two years (for claims accruing after March 24, 2023).
Exceptions to Florida’s Statute of Limitations
There are a few exceptions that may prolong the statute of limitations for Florida personal injury claims, including:
- Fraud and concealment: If the negligent party somehow intentionally concealed proof of their negligence, you may be able to extend the statute.
- Mental incapacity: If the plaintiff was mentally incapacitated when the injury occurred, it may be possible to pause the statute until they recover. Certain limits apply to this extension and it should be thoroughly discussed with an experienced attorney.
- Minors: The statute of limitations for minor children, under certain circumstances, may not begin until they turn 18.
Other Considerations When Filing a Florida Personal Injury Claim
Keep in mind that while Florida’s statute of limitations is two years from the injury date, insurance companies may have different claim deadlines, which may be as short as 24 to 48 hours from the time of the accident to provide notice of the claim. Additionally, the longer you wait to consult with an experienced local personal injury attorney, the more difficult it becomes to gather evidence and ultimately prove liability.