How Long Do You Have to File a Personal Injury Claim in Florida?

If you've been injured because of someone else's negligence, waiting too long to take legal action can affect your ability to pursue a claim. Florida law establishes deadlines—known as statutes of limitations—for filing different types of lawsuits.

What Is a Statute of Limitations?

A statute of limitations is the legal deadline for bringing a lawsuit. Once the applicable deadline passes, a claim may be barred regardless of its potential merits.

Under current Florida law, an action founded on negligence generally must be filed within two years.

For many personal injury cases involving negligence, this makes the two-year deadline particularly important.

When Does the Clock Start?

Florida law generally provides that the limitations period begins when the cause of action accrues. Under Florida Statute § 95.031, a cause of action generally accrues when the last element necessary to establish it occurs.

For example, in a typical accident case, determining the applicable deadline will depend on the circumstances and the type of claim involved.

Not Every Personal Injury Case Has the Same Deadline

The two-year negligence period should not be treated as a universal deadline for every injury-related case. Florida law establishes different limitation periods for certain claims, including medical malpractice, product-related injuries, intentional torts, and other causes of action.

There are also circumstances in which the running of a limitations period may be affected or “tolled.” Florida law identifies specific situations in which tolling can occur.

Because the applicable deadline depends on the facts and legal basis of a particular case, determining it as early as possible is important.

Why You Shouldn't Wait Until the Deadline

Even when significant time remains before a filing deadline, waiting can make a case more difficult. Evidence can disappear, surveillance footage may be deleted, witnesses may become harder to locate, and memories can fade.

Starting the process earlier gives your attorney more time to investigate what happened, preserve available evidence, review records, and evaluate potential claims.

Have Questions About a Florida Personal Injury Claim?

If you've been injured and aren't sure how much time you have to pursue a claim, Caproni Law can review your situation and help you understand the deadlines that may apply.

This article is for general informational purposes only and does not constitute legal advice. Deadlines vary depending on the circumstances of each case. Reading this article or contacting the firm does not, by itself, create an attorney-client relationship.