My Trial Lawyer · Florida
How Long Do You Have to File a Personal Injury Claim in Florida?
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Most personal injury claims in Florida must be filed within two years of the accident under Florida Statute 95.11(4)(a), a deadline that took effect on March 24, 2023. A personal injury lawyer in Florida can confirm which deadline applies to your case. Injury victims in Palm Beach County, Miami-Dade, and across Florida who miss the deadline usually lose the right to recover anything, so a free case evaluation should happen early.
What Is the Personal Injury Statute of Limitations in Florida?
A statute of limitations is the legal deadline for filing a lawsuit. For most negligence claims in Florida, including car accidents, slip and fall injuries, dog bites, and Uber and Lyft crashes, that deadline is two years from the date of the injury.
If the lawsuit is not filed in court before the deadline passes, the at-fault party's insurance company can ask the court to dismiss the case. In nearly every situation, the court will grant that request, no matter how serious the injuries are or how clear the other party's fault is.
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How Did HB 837 Change the Filing Deadline in Florida?
Before 2023, Florida gave injury victims four years to file a negligence lawsuit. House Bill 837, signed on March 24, 2023, cut that period in half. The two-year deadline in Florida Statute 95.11(4)(a) applies to claims that arose on or after March 24, 2023.
Accidents that happened before that date generally still follow the old four-year rule. Because four years have now passed for many of those older claims, anyone injured in early 2023 or before should have a lawyer review the dates right away.
HB 837 also changed Florida's fault rule. Under Florida Statute 768.81(6), an injured person who is found more than 50% at fault cannot recover damages. Our guide to comparative negligence after a car accident in Florida explains how that rule works.

When Does the Two-Year Clock Start in Florida?
In most injury cases, the clock starts on the day of the accident. A crash on I-95 in West Palm Beach on June 1, 2026, would generally need a lawsuit filed by June 1, 2028.
Some injuries are not obvious on the day they happen. A traumatic brain injury after a car accident in Florida may only show symptoms days or weeks later. Even so, Florida courts usually measure the deadline from the date of the accident, not the date of diagnosis, so waiting for a diagnosis before calling a lawyer is risky.

Which Florida Injury Claims Have Different Deadlines?
Not every claim follows the same timeline. Common differences include:
- Wrongful death claims: Families generally have two years from the date of death to file a wrongful death claim in Florida.
- Claims against government agencies: Crashes involving a city bus, county vehicle, or state employee require a written notice of claim before a lawsuit can be filed, and the notice and filing rules differ from a standard claim.
- Medical negligence claims: These follow separate rules and pre-suit requirements under Florida's medical malpractice statutes.
- PIP benefits: Florida's no-fault law requires medical treatment within 14 days of a car accident to use Personal Injury Protection benefits. That is not a lawsuit deadline, but missing it can cost you coverage.

Are There Exceptions That Extend the Deadline in Florida?
Florida law allows only narrow exceptions. The deadline may be paused, or "tolled," in limited situations, such as when the at-fault party leaves Florida or hides to avoid being served, or in certain cases involving minors or legal incapacity. These exceptions are applied strictly and depend on the facts, so they should never be relied on without a lawyer's review.

Why Should You Act Long Before the Two-Year Deadline in Florida?
Two years sounds like plenty of time, but strong cases are built early. Evidence starts to disappear within days of an accident:
- Traffic camera and business security footage is often recorded over within weeks.
- Vehicles are repaired or sold, and crash data is lost.
- Witnesses move away or forget details.
- Insurance companies record statements and build their defense while you recover.
The partner attorneys at My Trial Lawyer, Stephen Engelman and Devin Locay, bring 25 years of combined legal experience to injury cases across Florida. Cases are handled on a contingency fee basis, so you pay nothing upfront and owe no legal fees unless the firm recovers compensation. If you were injured in Palm Beach County, Miami-Dade, Broward, or anywhere in Florida, call (786) 855-1000 or contact My Trial Lawyer for a free case evaluation. You can also learn more about the firm's Florida personal injury lawyers.

Frequently Asked Questions About the Personal Injury Statute of Limitations in Florida and Palm Beach County
For car accidents that happened on or after March 24, 2023, Florida generally allows two years from the date of the crash to file a negligence lawsuit. Accidents before that date usually fall under the old four-year deadline. A lawyer should confirm your exact deadline from the accident report and medical records.
Start a free evaluation →Generally, no. Claims that arose before March 24, 2023, typically follow the previous four-year statute of limitations. Many of those older deadlines are now expiring or have already passed, so anyone with an older injury claim should have the dates reviewed immediately.
Start a free evaluation →If you file after the deadline, the defense will ask the court to dismiss the case, and the court will almost always agree. Once the claim is barred, the insurance company has no legal reason to pay, even if your injuries are severe and the other party was clearly at fault.
Start a free evaluation →No. Negotiating with an insurance adjuster does not pause the statute of limitations. Adjusters sometimes drag out talks until the deadline is close. Only filing a lawsuit in court, or reaching a signed settlement, protects your claim from the two-year deadline.
Start a free evaluation →Florida generally gives the personal representative of the estate two years from the date of death to file a wrongful death lawsuit. The deadline can differ from the date of the accident if the person passed away later, so families should speak with a lawyer as early as possible.
Start a free evaluation →No. Rideshare accident claims are negligence claims, so the same two-year deadline usually applies. The difference is that rideshare cases often involve several insurance policies, which takes time to investigate. Starting early helps identify every source of coverage before the deadline.
Start a free evaluation →Yes. Slip and fall and other premises liability claims based on negligence generally must be filed within two years of the injury. Store video and maintenance records are often deleted quickly, so early action matters even more in these cases.
Start a free evaluation →In most Florida injury cases, the deadline runs from the date of the accident, not the date you were diagnosed. Delayed symptoms, such as those from a concussion, do not usually extend the deadline. See a doctor promptly and talk to a lawyer early.
Start a free evaluation →Florida has limited rules for claims involving minors and people who are legally incapacitated, but they are narrow and do not always extend the deadline. Parents often have their own claim for a child's medical bills, which can follow the standard deadline. A lawyer should review any case involving a child.
Start a free evaluation →The statute of limitations requires a lawsuit to be filed in court within the deadline. Opening a claim with an insurance company is not enough. Many cases settle without trial, but the lawsuit must be filed on time to protect your rights if talks fail.
Start a free evaluation →Some claims settle within a few months, while cases that go to trial can take a year or more. The timeline depends on medical treatment, the amount of insurance available, and whether liability is disputed. A trial-ready approach often pushes insurers toward a fair settlement sooner.
Start a free evaluation →My Trial Lawyer offers a free case evaluation and handles personal injury cases on a contingency fee basis. There are no upfront costs, and you owe no attorney fees unless the firm recovers compensation for you. Fees are explained in writing before any work begins.
Start a free evaluation →Yes. My Trial Lawyer represents injury victims in Palm Beach County, including West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, and Jupiter, as well as Miami-Dade, Broward, and communities throughout Florida. Call (786) 855-1000 for a free case evaluation.
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All personal injury cases are handled on a contingency fee basis, meaning no upfront legal fees and no payment unless compensation is recovered.
