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If you were injured in an accident in Florida, then you may need to file a lawsuit to recover damages. Getting your case filed on time is vital. Failing to do so could mean losing your case automatically.
Under Florida law, you have 2 years to file most injury cases. This used to be longer (4 years), but it was shortened in 2023. There may be some extensions you can rely on in limited situations, but it is important to call a lawyer quickly if you want to file a claim.
Contact our Miami, FL personal injury lawyers at Graves Injury Law Firm at (305) 614-2767 today for your free case review.
Florida’s Statute of Limitations for Injury Claims
As of the writing of this article, it is possible some older claims could still follow the statute of limitations from before Florida’s 2023 tort reform laws took effect.
Before March 24, 2023
Before the law was changed in 2023, the statute of limitations was 4 years. If your injuries happened before March 24, 2023, when the law was changed, then that 4-year statute of limitations still applies. This means cases from late 2022/early 2023 might still be filed into late 2026/early 2027.
After March 24, 2023, it is likely any claim would have expired, unless some other tolling rule or statute of repose applies. Still check with our Hallandale Beach, FL personal injury lawyers anyway.
After March 24, 2023
Most injuries that happened after the date that the law changed follow the new rule: the deadline to file is 2 years from the date of injury.
Can You Extend the Filing Deadline?
Under the law, the statute of limitations can be extended in certain situations.
“Tolling”
The way the filing deadline is extended is typically through “tolling.” This means that the clock is paused or “tolled” during any of the periods discussed below, and it does not start running again until the issue is cleared.
This has the effect of drawing out the filing deadline.
Statute of Repose
While tolling rules might extend some filing deadlines, some rules still have a statute of repose. This sets the final deadline to file, even if tolling would have otherwise applied.
Defendant On the Run
If the defendant is on the run from the law, making it harder to serve them notice of the lawsuit, it might toll the statute of limitations. This applies if they are
- Out of state
- Using a fake name
- Hiding within the state.
Pre-Accident Incapacity
If the victim was incapacitated – i.e., intellectually disabled to the point where they cannot file the case themselves – then the statute of limitations can be paused. This only applies if they were incapacitated before the accident; it does not apply to injuries that put the victim in a coma or cause serious brain damage because of the accident.
Claims still need to be filed within 7 years at the latest.
Minority (Under 18)
If the victim was injured as a minor, then the statute of limitations can be paused until they turn 18, giving them until age 20 to file. However, they may still need to file within 7 years at the latest, meaning this only helps extend the statute of limitations for children injured at age 13 or older.
Discovery Rule
In some cases, it is impossible to discover negligence right away. If this prevented you from being able to file, the statute of limitations might be tolled until you discover or should have discovered the issue.
This is built into the statute of limitations for medical malpractice cases, allowing people to file within 2 years of the discovery. Medical malpractice claims cannot be filed later than 4 years from the injury, with some additional exceptions for injured children.
Fraudulent Concealment
If the defendant conceals their negligence through fraud or lies, making it so you cannot discover the injury and its cause, then that might also extend the filing deadline.
Intentional Injury Statute of Limitations
The 2-year rule discussed above is for “negligence” claims, where the injury was an accident. In cases of assault and battery or other intentional torts, you usually get 4 years to file your claim.
Cases of abuse may allow for an extended filing deadline, especially when the victim was a minor or dependent upon the abuser.
What Does the Statute of Limitations Do?
The statute of limitations is the limit on filing an injury case. A case is not valid if it is not filed within the filing deadline.
What Happens if You File Too Late?
The court loses jurisdiction over cases that are filed too late. This allows the defense to raise the statute of limitations issue as a total defense to the allegations.
The court can also raise the issue “sua sponte” (on its own) if neither party brings it up. The defendant cannot waive the statute of limitations issue.
Do You Have to File Insurance Claims Sooner?
Insurance companies might have rules saying you need to report injuries much sooner. If you are planning on filing an insurance claim with your own insurance, contact a lawyer and file claims as soon as you can.
If you are suing the defendant, and their insurance is covering the damages in the lawsuit, you might want to file an insurance claim before suing. However, your deadline to sue is still the same.
Can You File an Insurance Claim if You Miss the Lawsuit’s Statute of Limitations?
Insurance policies may have different rules, but there is no way to force the defendant’s insurance company to pay after the statute of limitations has run. You usually must get your claim in before the statute of limitations runs.
Do You Have to Finish the Case Before the Statute of Limitations?
Once the case is filed within the statute of limitations, you are in the clear. The case can take longer than that to get through the courts and get to settlement or trial.
However, if you have to add defendants or refile in a different court, that usually must be done before the statute of limitations runs; it cannot be adjusted later.
What is the Statute of Limitations for Work Injuries?
Lawsuits for injuries at work follow the same rules discussed above. However, many injured workers file for Workers’ Compensation.
Under Workers’ Comp, you must report your injury to your employer within 30 days of the injury, and you must file a formal Petition for Benefits within 2 years of the accident.
Call Our Florida Personal Injury Lawyers Today
If you were hurt, call our West Palm Beach, FL personal injury lawyers at Graves Injury Law Firm at (305) 614-2767 right away.