How Long Do You Have to File a Personal Injury Lawsuit in Florida?
When someone is injured in a vehicle accident or a slip and fall incident due to another party’s negligence, taking legal action may be necessary to recover compensation for medical expenses, lost income, pain and suffering, and other damages. However, Florida law imposes strict time limits on when a personal injury lawsuit can be filed. If that window closes, the opportunity to hold the at-fault party accountable may be lost.
Understanding the statute of limitations is critical to preserving your legal rights.
As of March 24, 2023, and Florida’s new “Tort Reform”, the statute of limitations for negligence cases in Florida—including car accidents, motorcycle accidents, rideshare collisions, and slip and fall incidents—was shortened from four years to two years. This new “Tort Reform” law only applies to cases where the accident occurred after March 24, 2023. This means injured individuals now have only two years from the date of the accident to file a lawsuit in civil court.
This change came as part of Florida House Bill 837, a major tort reform bill signed into law by Governor Ron DeSantis. This new law was applauded by insurance companies who promised to lower rates. The law made sweeping changes to personal injury litigation in the state, including the reduction of the statute of limitations for general negligence. Unfortunately, it is now two years later, and we have not seen any decrease in insurance rates!
Why Were These Reforms Enacted?
According to Governor DeSantis, “We are desperately in need of legal reform that brings us more in line with the rest of the country… I am proud to sign this legislation to protect Floridians, safeguard our economy and attract more investment in our state.”
While the ramifications of this reform are still developing and need time to be fully understood, many in the legal field agree that the reforms disproportionately benefit big businesses and institutions over everyday Floridians.
This further demonstrates the importance of contacting a competent and experienced injury law firm as quickly as possible following an accident.
The statute of limitations acts as a legal deadline. If a lawsuit is not filed within the allotted time, the case will likely be dismissed, regardless of its merits. This is true even in cases involving serious or permanent injuries.
Delays can also make it harder to collect vital evidence such as:
Waiting too long to initiate legal action can result in the loss of critical evidence and reduce the likelihood of a favorable outcome.
There are a few limited exceptions to the statute of limitations in Florida, including cases involving:
However, these exceptions are narrow and fact specific. In most personal injury claims involving vehicle accidents or premises liability (such as slip and fall cases), the two-year limit will apply.
Injuries from car accidents and slip and fall incidents can have long-lasting physical, emotional, and financial effects. Whether you were rear-ended by a distracted driver, hit while riding a motorcycle, or injured in a fall at a business, seeking legal counsel early helps ensure that your rights are fully protected.
At Aronberg & Aronberg, Injury Law Firm, we represent victims of negligence with experience, care, and attention to detail. Our firm has a long history of securing favorable verdicts and settlements for clients injured in vehicle accidents and premises liability cases. We understand the urgency and complexity of personal injury law in Florida, and we will help you meet every critical deadline.
If you or a loved one has been injured in an accident, contact us today for a free consultation. The clock may already be ticking.
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