The Deadline to Sue: Florida’s Statute of Limitations for Personal Injury Claims
In the first days following a serious accident, victims are generally focused on their recovery. They are not thinking about what steps are involved in filing a personal injury lawsuit against the person (or persons) who caused their accident in the first place. Unfortunately, there are strict deadlines to bring such cases, so it is important to understand how the law works in this area before something happens to you.
What Is a Statute of Limitations?
Most types of civil and criminal legal proceedings are subject to a statute of limitations. Put simply, a statute of limitations is the deadline to initiate a case. This does not mean the case needs to be completed by a certain point. In the context of a personal injury case, it simply means when the plaintiff must file their lawsuit with the court and effect service on the defendant.
The Florida Legislature determines the statute of limitations for all cases brought under state law. In criminal cases, there are some charges that do not have a statute of limitations such as murder. But just about every civil or criminal case has some deadline.
In 2023, the Legislature amended Florida’s statute of limitations for personal injury claims based on negligence. Prior to March 24, 2023, the statute of limitations was four years. Since March 2023, however, that time has been cut in half to just two years.
For most personal injury cases, this two-year deadline means two years from the date of the accident. For example, say Veronica is injured in a car accident that occurred on February 10, 2026. Under Florida’s two-year statute of limitations, she would have until February 10, 2028, to file a personal injury lawsuit against the negligent driver. If she waits even one day past this deadline to act, the court will likely dismiss her case without considering the merits.
Keep in mind, this “two years from the date of the accident” is a general rule. There are a number of special circumstances that may apply to the facts of your case. Here are a few examples:
- Intentional Acts: If your personal injury claim is based on an intentional injury, such as someone assaulting you, then you have four years from the date of the injury to sue.
- Wrongful death: When a person dies due to the negligent or wrongful act of another, the victim’s surviving family has two years from the date of death, not necessarily the date of the original accident, to file a wrongful death lawsuit.
- Tolling: In some cases it is possible to “toll” or temporarily suspend the statute of limitations if the defendant has left Florida or is otherwise hiding to prevent you from serving them with your lawsuit.
Contact a Pasco County Personal Injury Attorney
Personal injury cases often require a significant amount of preliminary investigation before a lawsuit is ready for filing. The clock on the statute of limitations continues to run during this time, however, which is why it is critical to engage a qualified Pasco County personal injury lawyer as soon as possible following an accident. Contact the offices of Wendy Doyle-Palumbo, Esq., today at (727) 233-2134 to schedule a consultation. We serve clients in Hudson, New Port Richie, and Pasco County.