What's the Time Limit for Filing a Personal Injury Claim in Florida?

 Posted on June 06, 2026 in Personal Injury

Understanding the time limit, or statute of limitations, for a personal injury case is crucial to avoid missing your opportunity to file. In Florida, claimants generally have two years from the date of the injury to file a lawsuit.

If you were hurt in 2026 and are concerned about your case’s timeline, an Altamonte Springs, FL personal injury lawyer can help you.

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

The two-year deadline for injury cases in Florida comes from Florida Statutes § 95.11. The legislature amended this statute in recent years, shortening the window for negligence claims from four years to two for causes of action accruing after March 24, 2023.

This statute of limitations applies to many of the most common injury cases, including:

• Car, truck, and motorcycle accidents
• Slip-and-fall and other premises liability claims
• Bicycle and pedestrian accidents

This law also applies to most injury claims based on someone else’s negligence.

Are There Different Deadlines for Different Types of Injury Claims in Florida?

The nature of your claim and who you're suing can change the timeline significantly. Medical malpractice is one example. These generally have a two-year limit that runs from when the injury was discovered or should have been discovered. They have an overall time limit of four years, except in the case of injuries to minors. Wrongful death claims also generally must be filed within two years of the date of death.

Injury claims against a government entity in Florida come with their own requirements, including a notice that must be provided before a lawsuit can even be filed. Confirm with a personal injury lawyer which timeline your case will run on so you don’t risk missing your filing deadline.

What Happens if I Miss the Filing Deadline for a Personal Injury Case?

If you miss the statute of limitations, the court is likely to dismiss your case. Exceptions to this rule are rare.

When Can the Filing Deadline Ever Be Extended for a Personal Injury?

The filing deadline can be extended in certain limited situations. You should never count on an exception applying to your case when filing.

The deadline may be paused in situations such as:

• The injured person is a minor, particularly in the case of medical malpractice.
• The injured person was legally incapacitated.
• The defendant left the state or concealed themselves to avoid a lawsuit.

The safest approach is to treat the standard two-year deadline as firm. File your claim well before the deadline rather than gambling on an extension.

What Should I Do to Strengthen My Personal Injury Case in Florida?

Acting well before any deadlines gives you the best chance at a full recovery. Building a strong claim takes time. Waiting for the deadline can weaken the available evidence for your case. Not only that, you risk missing deadlines the longer you wait.

Evidence that can strengthen a personal injury case often includes witness accounts, photos or videos of the scene, and photos of injuries. Surveillance footage from nearby businesses or homes can also be valuable. Accident reports from authorities (i.e., police officers) may also be valuable. Medical records from right after the accident and ongoing treatment are very important.  

Accident reconstruction can also be a valuable tool. This typically requires expert input. It is often helpful in situations like commercial truck or multi-vehicle accidents, where liability may be overlapping.

Call an Orlando, FL Personal Injury Lawyer Today

Our Altamonte Springs, FL personal injury attorneys have recovered billions for our clients, and we have experience with large, high-stakes cases. Attorney Jimmy Doan spent more than a decade as a drowning investigator for the Galveston Sheriff's Department and is currently a member of the National Drowning Prevention Alliance.

We take calls 24/7 and work on a contingency fee basis. You won’t pay for our services unless we win. Call The Doan Law Firm at 407-289-0000 today for a free consultation.

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