You slipped and fell at a Sun City Center grocery store last year, suffering a painful back injury that continues to affect you today. As your medical bills mount, you wonder if it's too late to take legal action. At DeLoach, Hofstra & Cavonis, we often hear from people who are unsure about Florida's filing deadline for personal injury claims.
Our Seminole personal injury lawyers understand the stress and uncertainty you face. We'll explain Florida's statute of limitations and help determine if you still have time to pursue compensation for your losses.
Florida's Standard Filing Deadline for Personal Injury
Under Florida Statute § 95.11(5)(a), you typically have two years from the date of injury to file a personal injury lawsuit. The personal injury statute of limitations was four years up until 2023. This filing deadline applies to most injury cases, including car accidents, slip and falls, and dog bites.
For example, if you were injured in a car crash in St. Petersburg on November 1, 2024, you would need to file your lawsuit by November 1, 2026. Missing this deadline means losing your right to seek compensation through the courts.
Types of Personal Injury Cases and Their Deadlines
Some personal injury claims have special rules regarding filing deadlines.
Medical Malpractice
Medical malpractice claims in Florida must be filed within two years of when you discovered (or should have discovered) the injury but no more than four years from when the incident occurred. For example, if a surgeon left a medical instrument inside you during a 2022 procedure at a Seminole hospital, but you didn't discover it until 2024, you'd have until 2026 to file.
Product Liability
Product liability cases follow the standard two-year rule, but Florida's statute of repose bars claims 12 years after the product was delivered to its first purchaser. If your child was injured by a defective toy bought new in 2010, you couldn't file a claim after 2022, even if you just discovered the defect.
Wrongful Death
Wrongful death claims must be filed within two years of the date of death, not the date of the incident that caused the death. If your loved one was injured in a fatal car crash in New Port Richey in January 2024 but passed away in June 2024, you'd have until June 2026 to file a claim.
Special Rules for Government Entity Claims
If your injury involves a Florida state, county, or city government agency, different rules apply. You must file a notice of claim within three years and give the agency six months to investigate before filing a lawsuit.
For instance, if you trip on broken pavement outside the Seminole Community Library on 113th Street, you'd need to notify the city first. The notice must detail your injury and damages. Only after the six-month investigation period could you proceed with a lawsuit if needed.
For federal government claims, the Federal Tort Claims Act requires filing within two years. You must submit a Standard Form 95 to the appropriate federal agency and wait up to six months for their response before filing suit.
Exceptions to Florida's Filing Deadline
When considering a personal injury claim in Florida, knowing about these exceptions is equally important.
The Discovery Rule
When injuries aren't immediately apparent, the discovery rule may apply. Consider a Ruskin resident who takes a prescription medication for years before learning it caused liver damage. The two-year clock starts when they received their diagnosis and learned the medication was responsible.
Fraud or Concealment
The statute of limitations may be extended if the at-fault party deliberately concealed their negligence. For instance, if an auto repair shop in Apollo Beach falsified records to hide that they failed to properly repair your brakes before an accident, the deadline might be extended.
Minor Children
For injured children, the statute of limitations typically doesn't begin until their 18th birthday. However, parents can file on their behalf earlier. If your child was injured when they were 13, they would have until their 20th birthday to file, though waiting that long isn't advisable.
Mental Incapacity
If someone is mentally incapacitated at the time of injury, the statute may be tolled, or paused, until they regain capacity. However, this protection has limits. The extension cannot exceed seven years from the incident date.
Additional Timing Considerations
Insurance claim filing deadlines often differ from the legal statute of limitations. Many auto insurance policies require reporting accidents within 24 to 48 hours. Also, multiple liable parties may mean multiple deadlines.
Out-of-state incidents may fall under different rules. If you're injured while visiting Mississippi but live in Seminole, you'll need to determine which state's statute of limitations applies. While Georgia and Alabama share Florida’s two-year rule, Mississippi allows up to three years from the date of injury to file a claim.
