The statute of limitations is the legal deadline for filing a lawsuit. Miss it, and you permanently lose your right to sue — regardless of how serious your injuries are or how clearly the other party was at fault.

Florida's statute of limitations for personal injury cases changed significantly in 2023. Here is everything you need to know.

Before March 24, 2023, Florida gave personal injury plaintiffs 4 years to file a negligence lawsuit. Florida HB 837 cut that deadline in half.

For accidents occurring on or after March 24, 2023: You have 2 years from the date of the accident to file a personal injury lawsuit.

For accidents occurring before March 24, 2023: The old 4-year deadline still applies.

For some claims — particularly medical malpractice — the clock does not start running until you knew or should have known about your injury and its connection to the defendant's negligence. This is called the "discovery rule."

For medical malpractice, the 2-year clock starts when you discover (or should have discovered) the malpractice — but there is an absolute 4-year cap from the date of the negligent act, regardless of discovery.

If the injured person is a minor (under 18), the statute of limitations is generally tolled (paused) until they turn 18. The clock then starts running from their 18th birthday.

Exception: Medical malpractice claims on behalf of minors must be filed within 2 years of the malpractice or by the child's 8th birthday — whichever is later.

If the injured person is mentally incapacitated at the time of the injury, the statute of limitations may be tolled until the incapacity is removed.

If the defendant fraudulently concealed the facts giving rise to your claim, the statute of limitations may be tolled until you discovered or should have discovered the fraud.

Claims against Florida government entities (state agencies, counties, municipalities) require a pre-suit notice within 3 years of the incident. The government then has 6 months to investigate and respond before you can file suit. Missing the notice deadline can bar your claim entirely.

Two years sounds like plenty of time. It is not — especially when you consider:

• Medical treatment — you should not settle until you reach MMI, which can take a year or more for serious injuries
• Investigation — gathering evidence, obtaining records, and building your case takes time
• Pre-suit negotiations — attempting to settle before filing takes months
• Finding an attorney — the sooner you hire an attorney, the better

If you wait until the last few months before the deadline, your attorney may not have enough time to properly investigate and prepare your case. You may be forced to file a lawsuit prematurely — or miss the deadline entirely.

The practical advice: contact an attorney as soon as possible after your accident.

If you file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss based on the expired deadline. The court will almost certainly grant it — and your case will be dismissed with prejudice, meaning you cannot refile.

There are very limited circumstances in which a court will excuse a missed deadline. Do not count on them.

The statute of limitations governs when you must file a lawsuit — not when you must file an insurance claim. Insurance policies typically have their own notice and claim filing requirements, which may be much shorter.

For example:

• Florida PIP claims must be filed within 1 year of the accident
• Uninsured motorist claims have their own notice requirements
• Some policies require notice "as soon as practicable" after an accident

Failing to comply with insurance policy deadlines can result in denial of your claim — even if the statute of limitations has not yet expired.

Juan Cordero Lawyers handles personal injury cases throughout Florida, including Car Accident Lawyer Florida, Slip and Fall Lawyer Florida, Medical Negligence Lawyer Florida, and Wrongful Death Lawyer Florida. Call 305.525.8957 for a free consultation — available 24 hours a day, 7 days a week.