Accidents, serious injuries, and unexpected losses can turn your life upside down in an instant. In the midst of pain, confusion, and financial stress, it’s natural to focus on healing and stability. However, there’s one crucial legal factor that too often gets overlooked, the statute of limitations. In Florida, this is the legal deadline that dictates how long you have to file a lawsuit after a personal injury or wrongful death. Once that time passes, you may lose your right to pursue compensation, unless a valid exception applies.
Whether you’ve been injured in a car accident, suffered harm in a slip and fall, or lost a loved one due to someone else’s negligence, understanding these time limits is essential to protecting your future. Acting quickly not only preserves your legal rights but also strengthens your case by keeping evidence fresh and witnesses accessible.
At Rosenberg & Rosenberg, P.A., our experienced personal injury lawyers have helped countless individuals and families across Florida navigate these time-sensitive legal waters. In this blog, we’ll walk you through Florida’s statute of limitations for personal injury, auto accidents, and wrongful death. With our guidance, you can take informed, timely action—and avoid the devastating consequences of missing your legal window.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline that determines how long you have to file a lawsuit after suffering harm or loss. In the context of personal injury law, this timeframe begins from the date of the incident or the discovery of the injury—whichever is applicable under Florida law. Once this period expires, you may permanently lose the right to seek compensation, no matter how strong your case may be.
These time limits exist for several important reasons. Over time, evidence can become lost, physical conditions can change, and witness memories can fade—making it harder to ensure a fair trial for both parties. By enforcing a deadline, the legal system encourages timely action and promotes justice.
At Rosenberg & Rosenberg, P.A., we regularly see how confusion around these deadlines can cost accident victims their rightful claims. That’s why it’s crucial to speak with an attorney immediately after an incident to preserve your rights and act within the required timeframe.
Florida’s Statute of Limitations for Personal Injury Cases
Standard Deadline for Personal Injury Cases
In Florida, the statute of limitations for personal injury cases is generally two years from the date of the accident. This two-year period applies to various types of personal injury cases, such as:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Dog bites
- Premises liability cases
This two-year limit was enacted as part of Florida’s tort reform in 2023, reducing the previous four-year limit for personal injury claims. It’s important to note that the clock starts ticking from the date of the accident, not from the date you realize the extent of your injuries. That’s why it is crucial to contact an attorney immediately after an accident to ensure your claim is filed within the deadline.
Exceptions to the Standard Two-Year Limit
While Florida’s statute of limitations provides strict deadlines for filing personal injury, auto accident, or wrongful death claims, there are several exceptions that can extend or toll the statute of limitations under specific legal conditions.. These legal exceptions are critical in cases where delays in filing are beyond the injured party’s control. Below are some key situations where the standard timeline may be adjusted:
- Delayed Discovery: In some cases, injuries are not immediately apparent. This is common with medical malpractice, internal injuries, or conditions like traumatic brain injury or chronic pain that develop over time. Under Florida law, the statute of limitations may begin from the date the injury was discovered—or reasonably should have been discovered—rather than the actual date of the incident.
At Rosenberg & Rosenberg, P.A., we’ve handled numerous cases where the victim didn’t realize the full extent of their injuries until weeks or months later. If you’re unsure when your timeline started, a qualified attorney can help you evaluate your case.
- Minors: When the injured individual is a minor (under 18 years old) at the time of the accident, Florida law gives additional time to pursue legal action. Typically, the statute of limitations is extended until the minor’s 20th birthday, giving them two years after turning 18 to file a personal injury claim.
This extension ensures that young victims who cannot legally act on their own behalf still have a fair chance to seek justice once they reach adulthood.
- Mental Incapacity: If the injured person was mentally incapacitated at the time of the accident or injury—due to trauma, disability, or a mental health condition—the statute of limitations may be tolled until they regain legal capacity. Once capacity is restored, the clock resumes, allowing the individual or their guardian to initiate legal proceedings.
This protection is crucial in catastrophic injury cases where cognitive function is impaired.
- Absence of Defendant: Sometimes, the person or party responsible for the injury (the defendant) may leave the state of Florida or go into hiding. In these instances, the statute of limitations may be paused until the defendant returns or is located. This ensures that defendants cannot avoid accountability simply by disappearing during the filing window.
Statute of Limitations for Auto Accidents in Florida
Auto accidents fall under personal injury law, which means the general two-year statute of limitations applies. However, there are some key nuances that are specific to auto accident cases.
Uninsured/Underinsured Motorist Claims
Here is the updated section with both corrections applied—removal of the em dash and improved clarification of PIP coverage:
Uninsured/Underinsured Motorist Claims
If you’re involved in an auto accident and the at-fault driver is uninsured or underinsured, you may still be able to recover compensation through your own insurance policy under your Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage.
While most personal injury claims in Florida must be filed within two years, UM/UIM claims are considered contractual in nature. As such, they are governed by Florida’s five-year statute of limitations for contract actions under Fla. Stat. § 95.11(2)(b). This means you have up to five years from the date of the breach, typically the date your insurer denies or fails to pay the claim, to initiate legal action.
Florida’s no-fault insurance system also requires drivers to carry Personal Injury Protection (PIP) coverage. PIP generally covers up to $10,000 in medical expenses and lost wages, regardless of who caused the accident. However, it does not cover property damage or compensate others involved in the crash. For that, drivers must carry separate Property Damage Liability (PDL) and Bodily Injury Liability (BIL) coverage.
Even though you may have a longer timeframe to bring a UM/UIM claim, prompt action is still important. The sooner you act, the better your chances of preserving evidence and strengthening your case.
Florida’s Statute of Limitations for Wrongful Death Cases
While Florida generally enforces a two-year statute of limitations for wrongful death claims, there are notable exceptions that can extend or alter the filing timeline. Understanding these exceptions is essential for families seeking justice after the loss of a loved one. At Rosenberg & Rosenberg, P.A., we’ve worked with many families facing complex timelines and can help determine if your case qualifies for an extension.
Medical Malpractice-Related Deaths
If a wrongful death is the result of medical malpractice, Florida law allows for an extended timeline. In such cases, the statute of limitations generally allows two years from the date the malpractice is discovered, or should have been discovered with reasonable diligence.
This is especially relevant in cases where the cause of death was not immediately obvious, such as surgical errors, misdiagnoses, or negligent treatment. However, Florida imposes a statute of repose, which sets an absolute deadline regardless of discovery. Under Fla. Stat. § 95.11(4)(b), no medical malpractice claim, including those involving wrongful death, may be filed more than four years from the date of the alleged act, omission, or occurrence that caused the injury. This means that even if the malpractice is not discovered until later, the claim is barred if more than four years have passed from the incident itself. Because of the strict nature of these deadlines, it is essential to consult with an attorney as soon as there is any suspicion that medical negligence may have contributed to a loved one’s death.
Criminal Acts: Murder or Manslaughter
If your loved one died due to a criminal act such as murder or manslaughter, it is important to distinguish between criminal and civil proceedings. While there is no statute of limitations for criminal prosecution of these offenses in Florida, civil wrongful death claims must still comply with the state’s civil deadlines.
Under Fla. Stat. § 95.11(4)(d), a wrongful death lawsuit must generally be filed within two years from the date of death, even if the death resulted from a criminal act. This two-year limit applies unless a valid tolling exception exists under Florida law.
This rule allows families to pursue civil justice while acknowledging that the criminal process may be ongoing or delayed. However, it is essential to act within the civil deadline to preserve your right to file a wrongful death claim.
Claims Involving Government Entities
When a wrongful death involves a government agency or public employee, special legal rules apply. In Florida, you must provide notice of your claim to the appropriate government agency within two years (for wrongful death) as outlined in § 768.28(6)(a), Fla. Stat.ou must also wait 180 days after filing notice before you can sue—unless the claim is formally denied sooner.
Additionally, lawsuits against government entities may be subject to damage caps and limitations on who can file, making them more complex than standard wrongful death claims. Due to these procedural hurdles, it’s crucial to work with experienced attorneys, like those at Rosenberg & Rosenberg, P.A., who understand the unique demands of suing public institutions.
Why Timely Action Matters in Personal Injury, Auto Accidents, and Wrongful Death Cases
Failing to file a lawsuit within the statute of limitations can result in serious consequences:
- Loss of the Right to Sue: Once the statute of limitations expires, you lose your right to pursue a lawsuit. Even if you have a valid case, you won’t be able to recover damages if the claim is not filed within the required timeframe.
- Case Dismissal: If your case is filed after the statute of limitations has passed, the court will likely dismiss it, leaving you without recourse.
- Inability to Recover Damages: If you miss the deadline, you may not be able to recover medical expenses, lost wages, pain and suffering, or other damages that could help you recover from the accident or loss.
How Rosenberg & Rosenberg, P.A. Can Help
At Rosenberg & Rosenberg, P.A., we understand the complexities of Florida’s statute of limitations laws. Our experienced attorneys are dedicated to ensuring that your case is filed timely and effectively, so you don’t lose your right to pursue compensation. Here’s how we can help:
- Comprehensive Case Evaluation: We begin by evaluating your case to determine the best course of action and help ensure compliance with all applicable deadlines.
- Evidence Collection and Preservation: We work quickly to gather and preserve key evidence that could be critical to your case.
- Negotiation with Insurance Companies: Our attorneys will handle all negotiations with the insurance companies, ensuring that you get the compensation you deserve.
- Litigation Support: If necessary, we will take your case to trial to maximize your recovery.
Schedule Your Free Consultation Today
If you or a loved one has been involved in a personal injury, auto accident, or wrongful death case in Florida, don’t wait to get legal help. Contact Rosenberg & Rosenberg, P.A. today for a free consultation. Our team is here to guide you through the legal process, ensure your rights are protected, and fight for the compensation you deserve.
