If you’ve been injured in an accident in Florida, it’s important to understand how much time you have to file a legal claim. These deadlines, known as statutes of limitations, are timeframes determining when you can – and when you cannot – pursue compensation for your injuries. Missing these deadlines can result in severe consequences, including the inability to recover damages.
A statute of limitations is a state-imposed deadline for filing a legal claim. These timelines vary depending on the type of case and the circumstances surrounding the incident at issue. Once the statute of limitations expires, courts generally refuse to hear someone’s case, leaving victims without legal recourse.
What kind of claim are you filing?
For most personal injury claims, including car accidents, slip and fall accidents and similar incidents, Florida law provides two years from the date of an accident to file a lawsuit. This timeline was updated in March 2023, changing from the previous four-year window. Similarly, If an accident results in the death of a loved one, the statute of limitations to file a wrongful death claim is two years from the date of death. If you fail to file your claim within this timeframe, you may lose your right to seek compensation for the harm you’ve suffered.
For injuries related to medical malpractice, Florida law requires claims to be filed within two years of discovering the injury or when it should have been reasonably discovered. However, claims generally cannot be filed more than four years after malpractice has occurred, with some very narrow exceptions.
Finally, if your injury involves a government entity, such as a city bus accident or a fall on government property, the timeline is shorter and more complex. You must file a notice of claim within six months and follow specific procedural rules before filing a lawsuit. The overall statute of limitations for these claims is typically three years.
Failing to file a claim within the required time can lead to dismissal, regardless of the strength of your case. Insurance companies and defense attorneys are well aware of these deadlines and may delay negotiations to run out the clock. As such, if you or a loved one has been injured due to another’s negligence or intentional conduct, the time to act is now.