Time limits matter in Florida personal injury law. Miss a deadline and you lose your right to seek compensation entirely - no matter how strong your case. Here's what you need to know about Florida's statute of limitations.
The general rule: two years
Following tort reform in 2023, Florida's statute of limitations for most personal injury cases is now two years from the date of injury. This is a significant reduction from the previous four-year limit. The clock starts running on the date the injury occurs - not when you discover you have a legal claim.
Wrongful death: two years
Wrongful death claims in Florida must also be filed within two years, measured from the date of death. This deadline is strictly enforced.
Medical malpractice: special rules
Medical malpractice cases have their own timing rules. Generally, you must file within two years of discovering the injury (or when you should have discovered it), but no more than four years from the date of the incident. There are narrow exceptions for fraud, concealment, or cases involving foreign objects left in the body.
Property damage claims
Claims for property damage (such as vehicle damage from a car accident) have a four-year statute of limitations under Florida Statute 95.11(3)(g). However, it's always advisable to pursue property damage claims alongside personal injury claims.
What happens if you miss the deadline?
If you file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss, and the court will almost certainly grant it. Your case is over, regardless of its merits. There are very few exceptions, and courts apply them narrowly.
Why you shouldn't wait
Even though you may have two years, waiting creates serious problems. Evidence deteriorates, witnesses forget details, surveillance footage gets overwritten, and physical evidence from accident scenes disappears. The strongest cases are built early.
If you've been injured in Sarasota or Manatee County, consult an attorney as soon as possible to understand your rights and preserve your claim.
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