In Florida, you have two years to file most personal injury lawsuits. Florida Statute § 95.11 sets this new timeline. Miss that window, and your case may be over before it even begins.
What You Should Know About HB 837
For decades, Florida gave injured people four years to file a lawsuit. That changed on March 24, 2023, when Governor Ron DeSantis signed House Bill 837 into law. He cut an extensive four years into two.
Now, you have only two years from the date of the injury to file most personal injury lawsuits in Florida. This applies to car crashes, slip and falls, dog bites, motorcycle wrecks, and most other negligence cases.
The new two-year deadline applies to injuries that happened on or after March 24, 2023. If your accident was before that date, the old four-year deadline still applies to your case.
Unfortunately, two years is not much time. You’re navigating medical treatments, insurance companies, and emotional turmoil. Once you think about a lawsuit, you may have less than 12 months left. Insurance companies know this, and some delay claims on purpose, hoping the deadline runs out.
Were you hurt in a vehicle crash on I-10, I-95, or another busy Florida road? Our car accident attorneys can help you file before the clock runs out.
Why Acting Quickly is Critical in Florida Accidents
The clock usually starts on the date of the accident, but not always. For most injuries, the clock starts on the date of the incident. For example, if a car hit you on June 1, 2024, your deadline to file is June 1, 2026.
Unlike other states, Florida does not have a general discovery rule. Some states, like Alabama, pause the clock until you discover your injury. Florida does not do this for most negligence cases. Instead, the deadline begins to loom when the injury occurs.
However, some exceptions may pause the clock. These typically include the following:
Minors
If your child were hurt in an accident, the rules could be different. As a parent, you should talk to a lawyer right away.
Hidden or Concealed Harm
Did the at-fault person hide how they hurt you? The clock may pause until you determine how you were hurt, or the injury is discovered.
Defective Products
Some product injury cases follow different rules under Florida law. Speak with an attorney to learn if your situation applies.
Medical Malpractice
In Florida, doctor and hospital cases have their own timeline.
In the Sunshine State, these filing deadline exceptions are narrow. The best thing you can do, regardless of your situation, is to meet with a qualified attorney. Book a free case review with our Alexander Shunnarah Trial Attorneys team in Florida.
Understanding Florida’s Modified Comparative Negligence Rule
HB 837 also changed how fault is determined in Florida injury cases. Modified comparative negligence shapes how much you may recover in a claim or lawsuit.
Before 2023, Florida used “pure comparative negligence.” If you were partly at fault, your damages were reduced. But you could still recover something. Even a person who was 90% at fault could recover 10% of their damages.
Now, Florida uses “modified comparative negligence” with a 51% bar. If you are found more than 50% at fault for your own injury, you can’t recover anything. If you are 50% at fault or less, you could still fight for compensation. Your share of fault reduces your damages.
Here is an example. In a personal injury case, a jury decides your damages are $100,000. If they find you 30% at fault, you take home $70,000. But if they find you 51% at fault, you get nothing.
Insurance companies in Florida love this new rule. Adjusters now have a strong reason to push fault onto you. The more blame they pin on you, the less they pay. And, if they push your share over 50%, they pay nothing at all.
However, this rule doesn’t apply to medical malpractice cases. Instead, those cases still use the old pure comparative negligence standard. The best thing you can do is to meet with an attorney. They can determine the right limitation period for your case.
Common Questions About the Florida Personal Injury Statute of Limitations
What is the current Florida statute of limitations for personal injury claims?
Florida Statute § 95.11 sets the new timeline. Now, you generally have two years from the date of the injury to file a personal injury lawsuit. This shorter deadline applies to claims that arose on or after March 24, 2023.
What is Fla Stat 95.11?
Fla Stat 95.11 is the Florida law that sets time limits for filing different types of lawsuits. Under HB 837, the deadline for personal injury negligence claims is two years from the date of the injury. This is different for accidents before March 24, 2023.
What if my accident was before March 24, 2023? How much time do I have to file an injury claim in Florida?
The old four-year deadline still applies if your accident happened before March 24, 2023. The new two-year rule only applies to injuries on or after that date.
Does the Florida personal injury statute of limitations apply to wrongful death cases?
The deadline for wrongful death claims in Florida is also two years. However, it starts on the date of death, not the date of the accident.
What happens if I miss the deadline?
Lawsuits filed after the statute of limitations are usually dismissed. The court won’t hear the case, no matter how strong your evidence may be.
Are there any exceptions to the two-year deadline?
Yes, but they are narrow. These cases involve children, hidden actions, and certain product cases. Talk to a lawyer to find out if any apply to your case.
Does the deadline apply to insurance claims, too?
No, the two-year statute applies to lawsuits, not initial insurance claims. But insurance policies often have their own deadlines that are even shorter.
Trust Alexander Shunnarah Trial Attorneys Today
Florida’s deadlines are shorter than they used to be. They move fast, especially if a government agency is involved. Our team serves clients across Florida. Find our offices in Pensacola, West Palm Beach, Tallahassee, and Orlando.
Alexander Shunnarah Trial Attorneys has fought for injury victims for more than 20 years. We’ve recovered over $2 billion for clients nationwide. Schedule a free case review today.
