How Long Do You Have to File a Personal Injury Claim in Florida? (The Answer Changed in 2023)
If you or someone you know has been in an accident in Florida, one of the first questions that comes up is: do I still have time to do something about this?
It's a fair question. And the honest answer is: it depends on when your accident happened. Because in 2023, Florida changed the rules.
Many people are still operating under the old deadline. Some have already missed the new one without realizing it.
What Is a Statute of Limitations?
A statute of limitations is the legal deadline for filing a lawsuit. If you miss it, the court will almost certainly dismiss your case — regardless of how strong your claim is, how serious your injuries are, or how clearly the other party was at fault.
There are no extensions for not knowing about it. There are no exceptions for still being in the middle of insurance negotiations. The deadline is the deadline.
What Changed in 2023?
On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law. It was one of the most significant changes to Florida's personal injury legal landscape in decades.
The most important change for accident victims: the deadline to file a personal injury lawsuit was cut in half.
Before HB 837: Four years from the date of the accident to file a lawsuit.
After HB 837: Two years from the date of the accident to file a lawsuit.
This applies to car accidents, truck accidents, bicycle accidents, slip and falls, and most other personal injury cases where someone else's negligence caused your injury.
Which Deadline Applies to Your Case?
The date of your accident determines which rule applies to you.
Accident before March 24, 2023: The original four-year deadline applies. For example, if your accident was on January 10, 2023, you have until January 10, 2027 to file.
Accident on or after March 24, 2023: The new two-year deadline applies. If your accident was on June 1, 2023, your filing deadline was June 1, 2025.
The clock starts on the date of the accident itself, not when you finished treatment, not when you realized how serious your injuries were, and not when you stopped communicating with the insurance company.
Does Filing an Insurance Claim Buy You More Time?
No. This is one of the most important things to understand.
Filing a claim with your insurance company and filing a lawsuit with the court are two completely separate things. The insurance process does not pause or extend your legal deadline.
Many people spend months negotiating with insurance adjusters, assuming that as long as the claim is active, they're protected. When talks break down, they find out too late that the legal window has already closed.
One More Change You Should Know About
HB 837 didn't only change the deadline. It also changed how fault is determined in Florida personal injury cases.
Before 2023, Florida used what's called "pure" comparative negligence. That meant even if you were partially at fault for an accident, you could still recover compensation proportional to the other party's fault.
Under the new "modified" comparative negligence standard, if you are found to be more than 50 percent at fault, you recover nothing. Not a reduced amount. Nothing.
This matters because insurance companies are aware of this change and will look for ways to argue that you share blame for the accident. Having legal representation early makes it much harder for them to shift fault in a way that leaves you with no options.
Are There Any Exceptions to the Two-Year Deadline?
There are a small number of situations where the deadline may be adjusted. These are narrow exceptions and don't apply to most cases, but they include:
The injured person is a minor at the time of the accident
The injured person was legally incapacitated at the time
The at-fault party left Florida after the accident before a lawsuit could be filed
The at-fault party took steps to conceal themselves or avoid being served
If you think one of these situations might apply to your case, that's something to discuss with an attorney. These exceptions are complex and highly specific, and assuming one applies without legal guidance can be a costly mistake.
Why Acting Early Is More Important Than It Used to Be
Two years sounds like plenty of time. But between recovering from injuries, managing medical appointments, dealing with insurance companies, returning to work, and taking care of your family, that window moves faster than most people expect.
Evidence also weakens over time. Witness memories fade. Surveillance footage gets overwritten. Accident reports become harder to track down. The stronger a case can be built, the earlier it gets started.
Speaking with an attorney early doesn't mean committing to a lawsuit. It means understanding your options before any of them disappear.
Frequently Asked Questions
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No. If your accident happened before March 24, 2023, the original four-year statute of limitations applies to your case.
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Possibly not, but time matters. The insurance process does not pause your legal deadline. An attorney can review where you are and whether your window is still open — but the sooner you reach out, the better.
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In most personal injury cases, the clock starts on the date of the accident, not when you discovered the full extent of your injuries. There is a narrow "discovery rule" that applies in some circumstances, but it requires specific conditions to be met. This is something to discuss with an attorney as soon as possible.
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Wrongful death claims already had a two-year deadline before HB 837 and that did not change. The clock runs from the date of death, and the claim must be filed by the personal representative of the estate.
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It depends on how fault is assigned. Under Florida's new modified comparative negligence standard, you can still recover compensation if you are found to be 50 percent or less at fault. However, if you are found to be more than 50 percent at fault, you cannot recover anything. Insurance companies are well aware of this and will often try to increase your assigned share of fault. Having an attorney helps protect against that.
Florida's new two-year deadline is now firmly in place, and most people don't learn about it until they're already running out of time. If you've been injured in an accident and aren't sure where you stand, the best thing you can do is get clarity sooner rather than later.
We're happy to walk through your situation and help you understand what options you have. There's no pressure and no commitment — just a straightforward conversation.