Timing is everything when it comes to filing a personal injury claim in Florida. After an accident, your first focus might be on recovering physically, emotionally, or financially. One of the most important things to understand is how long you legally have to file a personal injury claim. Florida has strict rules about this, and if you miss the deadline—even by a day—you may lose your right to compensation. Many people wait too long thinking they have more time, only to find out that their claim is barred. So, how much time do you actually have? That depends on the details of your case, but Florida law does set a clear window.
Since 2023, Florida law gives you just two years to file most personal injury claims, including car accidents, slip and fall incidents, and other negligence-based cases. This shortened timeline came from the 2023 tort reform law, changing it from the previous four-year period. That means if you’re hurt in a car accident, slip and fall, or other negligence-related incident, you now have just two years to take legal action. And waiting until the last minute isn’t smart. Valuable evidence can disappear, witnesses can forget details, and insurance companies become less willing to negotiate once that deadline looms. Timing really does matter.
Why the Statute of Limitations Exists and Why It Matters
The statute of limitations exists to ensure fairness in the legal process. Over time, evidence disappears, memories fade, and witnesses move on. Florida law limits how long someone can wait before suing so that cases rely on fresh evidence and timely recollections. For personal injury claims, that clock starts ticking from the date of the injury—not from the day you hire a lawyer, report the accident, or talk to your insurance company. If you miss the two-year window, the court will likely dismiss your case, and the insurance company has no legal obligation to negotiate or offer compensation.
What if You Didn’t Know You Were Injured Right Away?
In some cases, injuries aren’t immediately obvious. Maybe you didn’t feel the full impact of your injury until days or weeks later. While that’s common, the statute still usually starts on the date the accident occurred. Florida courts generally won’t extend the deadline unless you can prove you didn’t and couldn’t reasonably know you were injured—something that’s very difficult to show without strong documentation. For medical malpractice or product liability claims, the rules may differ slightly, but for general personal injury lawsuits like car crashes or trip-and-fall cases, the timeline is strict.
That’s why seeking medical attention right after an accident is more than just good health advice—it also creates a legal paper trail. Delaying medical care makes it harder to prove your injury was related to the accident. It also gives insurance companies a reason to deny your claim or argue that your injury came from something else. Being proactive helps your case now and protects your legal rights later.
Exceptions to the Two-Year Rule
There are limited exceptions to the two-year statute of limitations. If the injured person is a minor, the law may allow more time to file a claim. The same goes for cases involving mental incapacity or if the defendant leaves the state of Florida for a prolonged period and cannot be served with legal papers. But these exceptions are not automatic. You must still take timely legal action and show valid reasons why the court should extend the filing deadline.
Wrongful death cases also follow a two-year filing rule in Florida. That clock starts ticking from the date of death—not the date of the accident. For example, if someone is severely injured in a crash but passes away from their injuries a month later, the two-year countdown begins on the date of death. In these cases, the estate must file the claim within that time to pursue compensation for funeral costs, medical bills, and the family’s emotional loss.
Why the 2023 Change to Florida’s Law Matters in 2025
If your accident happened before March 24, 2023, the old four-year statute may still apply to your case. But for any accident on or after that date, you now only have two years to file. Many people in Florida don’t know this change took place, and that could cost them their chance at justice. Insurance companies do know this rule and they’re not going to remind you about your deadline. In fact, they often delay or drag their feet in the hope that time runs out.
This change makes it even more important to speak with an attorney sooner rather than later. Whether you’re still recovering from an accident or unsure about whether you have a valid claim, don’t wait to get advice. Every day counts and time is one thing you can’t get back when it comes to your legal rights.
How Filing Early Strengthens Your Case
Filing your personal injury claim in Florida early doesn’t just help you meet the deadline—it also gives your case a stronger foundation. Evidence like surveillance footage, eyewitness statements, and photos of the scene can disappear fast. The sooner you start the legal process, the better your chances of collecting solid proof to support your claim. Early action also allows your attorney more time to negotiate with the insurance company or prepare for trial if necessary.
Additionally, filing early can reduce the financial pressure you’re under. Medical bills, lost income, and out-of-pocket expenses add up quickly. By starting the claim process sooner, you can pursue compensation faster and avoid settling for less because of looming bills or missed deadlines.
When it comes to filing a personal injury claim in Florida, every day matters. The law now gives you just two years to take legal action and waiting too long can cost you everything. Whether you were injured in a car accident, slip and fall, or any incident caused by someone else’s negligence, the clock is ticking. Florida’s legal system doesn’t offer second chances once the deadline passes.
Don’t guess about your legal rights or let valuable time slip away. At Constant Law, P.A., we help injury victims across Florida protect their rights and build strong cases from day one. Contact our office today at 863-457-3253 to schedule a consultation or click here. We’ll walk you through your options, explain your timeline, and help you take the next step before it’s too late.