What Is the Deadline to File a Personal Injury Claim in FL?

Under Florida law, the deadline to file a personal injury claim is generally two years from the date the accident happened. This two-year statute of limitations applies to most personal injury claims, although certain exceptions may extend or shorten the filing deadline. Taking prompt legal action helps preserve valuable evidence and strengthens your ability to pursue a fair settlement.

At Todd Miner Law, our lawyers identify the applicable filing deadline, gather time-sensitive evidence, and file your personal injury lawsuit on time. If the deadline has already passed, we review your case to determine whether a legal exception may still allow you to pursue compensation. Contact us now to consult our experienced personal injury attorneys for your claim.

How Long Do You Have to File a Personal Injury Claim in FL?

In Florida, you generally have two years from the incident date to file a personal injury lawsuit for most negligence-based claims under Florida Statutes section 95.11. However, some types of claims follow different filing rules. For example, wrongful death cases have a two-year deadline that begins on the date of death, not the date of the accident.

Similarly, medical malpractice claims must be filed within two years from the date you discovered, or reasonably should have discovered, the injury. Florida also has a four-year statute of repose, which means you cannot file a lawsuit more than four years after the medical negligence occurred. But if fraud or intentional misrepresentation prevented you from discovering the malpractice, the deadline may extend to seven years. If you file after the applicable deadline passes, the court will dismiss your case, regardless of the strength of your evidence.

Are There Exceptions to Florida’s Personal Injury Claim Deadline?

Yes, Florida law generally recognizes certain exceptions to the personal injury deadline in limited circumstances. Depending on the facts of your case, the limitations period may begin later, pause temporarily, or follow a different legal deadline. These exceptions commonly involve injured minors, mental incapacity, the at-fault party’s absence, or claims against government entities.

Here is how these exceptions apply to different types of personal injury claims in Florida:

Injured Minors

Florida does not automatically extend the personal injury statute of limitations just because the injured party is under 18. However, the state law may pause the limitations period if the child does not have a parent or legal guardian who can file a lawsuit, or if the guardian has a conflict of interest. The amount of additional time depends on the circumstances and the type of claim, including:

• Most personal injury claims: If the pause applies, Florida generally limits the deadline extension to no more than seven years.
• Medical malpractice claims: In certain cases involving young children, the filing deadline may extend until the child’s eighth birthday.

Mental Incapacity

An injured victim may receive more time to pursue a claim if a court had already declared them legally incapacitated before the incident happened. On the other hand, a diagnosis made after the accident usually does not stop the deadline.

Defendant’s Absence

Florida may pause the filing deadline if the at-fault party leaves the state, hides, or uses a false name to avoid service. But this exception may not apply if you can still serve them through another method.

How Can the Discovery Rule Affect Your Claim Deadline?

The discovery rule can extend the deadline to file a lawsuit, but it applies only in limited circumstances involving hidden injuries. Instead of starting on the date the injury occurred, the filing period begins when you discovered, or reasonably should have discovered, the injury and its cause.

Florida does not apply the discovery rule to most personal injury claims, such as car accidents, slip-and-falls, or dog bites. In these cases, the statute of limitations usually starts on the date of the accident because the injury is immediately apparent.

However, the discovery rule may apply to claims in which the injury could not reasonably have been discovered immediately. Common examples include:

• Medical malpractice: The deadline generally begins when you discovered, or should have discovered, the medical negligence that caused your injury.
• Product liability: In some cases involving defective products, the filing period may begin when you discovered the injury and its connection to the defective product.
• Toxic exposure: If an illness develops years after exposure, the deadline may begin when you discover the illness or its connection to the harmful substance.

Furthermore, the court will not extend the deadline based only on when you discovered the injury. It will also consider when a reasonable person in the same situation should have recognized the injury and its cause. If that should have happened earlier, the filing period may begin from the earlier date.

Can a Pending Criminal Case Delay a Civil Injury Claim?

No, a pending criminal case does not automatically extend the deadline to file a personal injury lawsuit. You must still file your civil claim within Florida’s statute of limitations, even if the criminal case is still ongoing.

A criminal case and a personal injury lawsuit are separate legal proceedings. The criminal case determines whether the defendant committed a crime. In contrast, the civil case focuses on recovering compensation for your injuries. One case does not usually pause the filing deadline for the other.

If criminal charges are pending against the person who injured you, speak with Todd Miner Law before waiting for the criminal case to end. Our attorneys can review the civil filing deadline, preserve evidence from both proceedings, and file your claim on time. Call 407-894-1480 for a free consultation today.

Does a Demand Letter Preserve Your Right to Sue?

No, sending a demand letter does not stop or extend Florida’s statute of limitations. Even if you are negotiating with the insurance company, you must file your lawsuit before the legal deadline expires to preserve your right to seek compensation.

A demand letter is a formal request asking the at-fault party or their insurance company to settle your claim before litigation. If the filing deadline approaches before a settlement is reached, your attorney may file the lawsuit to preserve your legal rights. Settlement negotiations can continue after the lawsuit is filed. If both parties cannot reach an agreement, the case then proceeds through the court process.

What Is the Deadline for Filing a Claim Against a Government Agency?

You must provide written notice of your claim against a Florida government agency within three years of the incident. However, wrongful death claims follow a shorter notice deadline. In those cases, the written claim must generally be filed within two years. This is not the deadline to file a personal injury lawsuit. Instead, it is a mandatory notice requirement that must be completed before you can sue the government.

In addition to the appropriate agency, you must also notify the Florida Department of Financial Services unless the claim is against a municipality, county, or the Florida Space Authority. The government then generally has 180 days to investigate the claim. If it denies the claim before that period ends, you may file a lawsuit sooner. If it does not respond, you may generally file after the 180-day period expires, provided you are still within the applicable statute of limitations.

Do Government Medical Malpractice Claims Have Different Deadlines?

Yes, medical malpractice cases against Florida government agencies follow shorter pre-suit deadlines. Instead of the standard three-year notice period and six-month investigation period, you must provide written notice within two years of the incident. The government then has 90 days to investigate the claim before you can file a lawsuit, unless it denies the claim sooner. These claims must also comply with Florida’s medical malpractice pre-suit requirements. This includes obtaining a verified written medical expert opinion before filing suit.

What Happens If the At-Fault Party Dies?

The death of the at-fault party does not automatically extend the filing deadline. You can continue your claim against the deceased person’s estate. If the at-fault party dies before a lawsuit is filed, the personal representative of the estate may be named as the defendant. If a lawsuit was already pending, the court may allow the case to proceed against the estate after the proper legal substitution.

The substitution process generally involves the following steps:

• The family or another interested party opens a probate estate if one does not exist.
• The probate court appoints a personal representative.
• Your attorney files a motion asking the court to substitute the personal representative as the defendant.
• The court approves the substitution, and the lawsuit continues against the estate.

Since claims against a deceased person’s estate must also comply with Florida probate law, additional deadlines may apply. For example, if the estate directly serves you with a Notice to Creditors, you may have only 30 days to file a claim against the estate under Florida Statute 733.702. On the other hand, if you do not receive direct notice, you generally have three months from the first publication of the Notice to Creditors to file your claim. Missing that deadline could affect your ability to recover compensation, even if the personal injury statute of limitations has not expired.

Can You Refile a Personal Injury Case After Dismissal?

No, you cannot refile a claim if the court dismisses your case for missing the filing deadline in Florida. However, a dismissal for missing the deadline is not always the final decision. If you believe the court applied the wrong deadline or ignored an exception that extended the filing period, you may be able to challenge the dismissal.

In such cases, your personal injury attorney can follow these steps to protect your claim:

• File a motion for reconsideration: Request the original judge to review the dismissal again because of a legal error, overlooked evidence, or an applicable exception.
• File an appeal: Ask a Florida District Court of Appeal to review whether the trial judge incorrectly dismissed the case.
• Identify other liable parties: Determine whether another at-fault party can still be held liable for your injuries, even if your claim against the original defendant has been dismissed.

What Evidence Should You Preserve Before the Deadline?

You must preserve photographs of the accident scene, medical records, accident reports, and witness information. It is also important to keep a record of insurance correspondence, lost income, and out-of-pocket expenses. Other evidence you should preserve includes:

• Videos from surveillance cameras, security systems, or mobile phones
• Property or equipment involved in the accident, if it is available
• Inspection, maintenance, or safety records for the property, equipment, product, or premises involved in the accident
• Expert reports or professional opinions that explain the cause of the injury or its long-term effects
• A journal documenting your pain, symptoms, recovery, and how the injury affects your daily activities
• Employment records showing missed work, reduced hours, or lost earning capacity
• Product packaging, labels, instructions, or warning materials, if a defective product caused the injury
• Evidence of future medical treatment, such as treatment plans or physician recommendations

In most personal injury cases, this evidence can disappear quickly. For example, businesses may delete surveillance footage within days or weeks, while damaged property may be repaired or discarded. Therefore, you should contact our personal injury lawyers as soon as possible. At Todd Miner Law, our legal counsel sends preservation letters that instruct the responsible parties to retain important evidence. If they refuse to provide it, we can use subpoenas and other legal procedures to obtain the key records after filing your lawsuit.

Which Mistakes Can Delay Your Florida Personal Injury Case?

Waiting to consult a lawyer and delaying your claim until medical treatment ends can increase the risk of missing the statute of limitations. Similarly, relying on an exception without confirming that it applies or waiting until the last minute to identify the correct defendant can put your claim at risk.

In addition, the following mistakes can also delay your case:

• Providing incomplete documents: Missing medical records, wage information, or accident reports can slow settlement negotiations and court proceedings.
• Ignoring documentation requests: Delayed responses to document requests, medical authorizations, or other information can delay the claims process.
• Posting about the accident on social media: Insurance companies may investigate those posts. Their investigation can lead to additional disputes that take time to resolve.
• Failing to identify all responsible parties: Some cases involve multiple defendants. Identifying them late can reduce the time available to prepare and file claims against each party.

We Can Help You File Your Personal Injury Lawsuit in Florida Before the Deadline — Call Us Now!

Even if you have a strong case, missing the filing deadline can prevent you from recovering compensation. Two years may seem like plenty of time, but delays can quickly lead to problems. For example, surveillance footage may be deleted, and witnesses might be difficult to locate. This can make it challenging to establish liability and prove the full extent of your damages before the deadline.

At Todd Miner Law, our lawyers quickly gather evidence, prepare legal documents, and complete court filings. With more than 30 years of experience representing injury victims across Central Florida, we meet all legal deadlines to protect your right to pursue compensation. Call 407-894-1480 or visit 915 Outer Rd, Orlando, FL, for a free case review.

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