By Jacob Gordon, Esq. | Tampa Personal Injury Lawyer
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One of the most important deadlines in any Florida personal injury case is the statute of limitations. This is the window of time you have to file a lawsuit. Miss this deadline and you generally lose your right to recover compensation entirely, regardless of how strong your underlying claim is.
Florida’s Two-Year Deadline
Florida shortened its personal injury statute of limitations from four years to two years in 2023. For most negligence-based personal injury claims — including car accidents, slip and falls, and premises liability cases — you have two years from the date of the injury to file suit in circuit court. This change applies to causes of action that accrued on or after March 24, 2023.
Wrongful Death Cases
Wrongful death claims in Florida carry a two-year statute of limitations running from the date of the decedent’s death, not the date of the underlying accident or negligent act. These cases also have specific rules governing who may bring the claim. If the death occurred as a result of medical malpractice, additional pre-suit requirements apply.
Claims Against Government Entities
If your claim is against a Florida government entity — a city, county, state agency, or public school — different procedural rules apply. Florida Statutes section 768.28 requires you to file a written notice of claim with the appropriate agency before filing suit. Failure to comply with this pre-suit notice requirement can bar your claim. Government entity cases require prompt attention for this reason.
Why You Should Not Wait
The statute of limitations is the hard legal deadline, but evidence deteriorates long before it expires. Surveillance footage is overwritten. Witnesses become unavailable. Accident scenes are repaired or altered. Starting the legal process early preserves the evidence your case depends on. Consulting an attorney as soon as possible after an accident gives your claim the strongest possible foundation.
If you are unsure whether your claim is within Florida’s filing deadline, contact Jacob Gordon Injury Law for a free consultation. jacobgordonlaw.com