Florida personal injury claims have deadlines that determine whether a court can hear a case. Since March 24, 2023, many negligence claims carry a two-year filing period. Missing that date can end a valid claim before settlement talks or medical treatment conclude. The deadline depends on the injury, the defendant, and the legal theory. Knowing the applicable rule helps protect evidence and legal rights, beginning with the basic limitations period.
A person injured in a crash, fall, or another negligence event usually has two years to file an injury lawsuit, accruing after March 24, 2023. Section 95.11 of the Florida Statutes supplies that deadline. A consultation with Marc Anidjar can help identify the filing date, preserve records, and prevent settlement discussions from obscuring the court deadline.
The basic deadline
Florida law generally gives an injured person two years to bring a negligence action. The rule covers many car accident, premises liability, and ordinary injury claims that accrued after March 24, 2023.
You must file the lawsuit in court before the limitations period expires. Sending an insurance demand does not replace filing a lawsuit.
Claims that accrued before March 24, 2023, can involve the former four-year period, depending on the facts and applicable transition rules. The accident date does not always answer the legal question. The accrual date, cause of action, and statutory exceptions require careful review.
When the clock starts
For many personal injury claims, the clock starts when the injury occurs, and the injured person has a legal claim against the responsible party. A delayed diagnosis does not automatically extend the deadline.
Medical records, accident reports, and treatment dates can help establish when the claim accrued. An injured person should preserve those records soon after the incident.
Discovery rules apply to some claims. Medical malpractice cases generally use the date the injury was discovered, or should have been discovered through reasonable diligence, subject to additional limits. Fraudulent concealment can change the calculation, but it does not remove every deadline.
Exceptions that change the deadline
Wrongful death claims usually must be filed within two years after the death. That deadline differs from the period that might have applied to the injured person’s own claim before death.
Intentional torts, including assault, battery, false imprisonment, and certain related claims, generally have a four-year limitations period. A case involving deliberate conduct requires a different analysis than a negligence claim.
Claims against government entities can involve presuit notice requirements and separate procedures. An injured person should identify the responsible agency promptly because notice rules can create another deadline before a lawsuit proceeds.
Why early action matters
A lawsuit requires more than proving that an injury occurred. The claimant must connect the injury to the defendant’s conduct and document medical treatment, financial losses, and ongoing symptoms.
Evidence can disappear when vehicles are repaired, surveillance footage is deleted, or witnesses forget what happened. Early investigation helps preserve facts that support liability and damages.
Legal review also helps identify additional defendants, available insurance coverage, and claims with different limitations periods. An attorney can calculate the deadline from the facts instead of relying on a general calendar estimate.
Practical steps before filing
An injured person should request medical records, keep treatment appointments, photograph visible injuries, and preserve bills and wage documentation. Keep accident reports, witness contacts, photographs, and written communications with insurers organized in one file.
Insurance companies often continue negotiations after an accident. Those discussions do not necessarily pause the statute of limitations. A claimant should track the court deadline separately and avoid assuming that an open insurance claim protects legal rights.
The safest approach is to obtain legal advice well before the deadline. Filing requirements, service rules, court procedures, and claim-specific exceptions can affect whether a lawsuit is timely.
Conclusion
Florida’s personal injury deadline depends on the claim’s legal basis and accrual date. Many negligence claims arising after March 24, 2023, have a two-year period, while wrongful death, medical malpractice, intentional tort, and government claims follow different rules. An injured person should record the incident date, preserve evidence, continue medical care, and seek legal review before negotiations consume available time. Treat the deadline as an immediate task to protect your right to pursue compensation.
