When you’re dealing with serious injuries from a car accident or another kind of incident, time may feel like it’s standing still. But Florida law doesn’t stop ticking just because you’re recovering. If you’re thinking about filing a personal injury claim, the Florida personal injury statute of limitations is one of the most important legal deadlines you’ll face. Miss it, and you may lose your chance to recover compensation altogether.
Whether you’re facing medical bills after a motorcycle accident in West Palm Beach or lost wages after a truck accident in Palm Beach County, it’s important to know how long you have to act, and what can happen if you wait too long.
What Is the Statute of Limitations for Personal Injury in Florida?
As of 2023, Florida shortened the time limit for filing most personal injury lawsuits from four years to two years. This includes cases involving:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Slip and fall accidents
- Premises liability claims
- Boating accidents
You now have just two years from the date of the injury to file a lawsuit in most cases. This change applies to incidents that occurred on or after March 24, 2023. For cases before that date, the four-year limit may still apply.
Why the Deadline Matters More Than You Think
Waiting too long to file your personal injury lawsuit could prevent you from recovering damages for:
- Medical expenses
- Lost wages
- Pain and suffering
- Future care or rehabilitation
- Property damage
Insurance companies know this. In many personal injury matters, they will delay or push lowball offers, hoping you run out the clock.
Missing the deadline means the court will likely dismiss your case, and the insurance company has no legal obligation to offer you a settlement.
Are There Any Exceptions to the Two-Year Deadline?
In limited situations, Florida law allows the clock to pause or extend. These include:
- Delayed discovery: In medical malpractice cases, the statute may begin when the injury is discovered or should have been discovered with reasonable diligence.
- Minors: If the injured person is a child, the deadline may be extended.
- Mental incapacity: If the person injured is mentally incapacitated, the statute may be tolled until the incapacity ends.
Each exception has strict requirements, and relying on one without legal support can be risky. Speaking with a knowledgeable South Florida accident attorney can help you determine if an exception might apply to your situation.
How the Statute of Limitations Applies to Personal and Other Injury-Related Claims
Florida law sets time limits for various types of injury-related claims, even those that don’t fall under traditional personal injury law. Each type has its own legal considerations and deadlines.
Car, Truck, and Motorcycle Accidents
Most motor vehicle accidents fall under the new two-year statute. Even though Florida is a no-fault state with personal injury protection (PIP), serious injuries often require a lawsuit beyond PIP coverage. For example:
- If your injuries meet the serious injury threshold
- If your damages exceed PIP limits
- If the at-fault driver was uninsured or underinsured
In any of these situations, acting quickly preserves your ability to file a personal injury lawsuit for fair compensation.
Premises Liability and Slip and Fall Accidents
If you were injured because a property owner failed to fix a hazard, you typically have two years to pursue a premises liability lawsuit. This includes fall accidents at apartment complexes, restaurants, grocery stores, or private homes in West Palm Beach or elsewhere in Palm Beach County.
These cases often rely heavily on accident reports, video footage, and prompt documentation of injuries suffered. Waiting too long makes it harder to prove fault and recover compensation.
Medical Malpractice Cases
Medical malpractice isn’t a typical personal injury case. It falls under its own set of laws and procedural rules in Florida. But the statute of limitations still applies, and it’s shorter than you might expect.
Medical malpractice cases in Florida are subject to a two-year statute of limitations from the date the injury was discovered or should have been discovered. However, there is also a hard cap of four years from the actual incident, regardless of discovery.
If you or a loved one were hurt due to negligent care in a South Florida hospital or nursing home, acting promptly is critical. That’s particularly true when dealing with medical records, expert review requirements, and pre-suit investigations.
Wrongful Death Claims
Wrongful death claims are also separate from personal injury lawsuits, but they arise when a person dies due to someone else’s negligence. For families coping with fatal injuries caused by someone else’s actions, the statute of limitations to file a wrongful death lawsuit in Florida is also two years from the date of death.
This applies whether the death resulted from a construction accident, boating accident, or medical malpractice. Time matters, especially when holding nursing homes accountable or preserving evidence of intentional misconduct.
What You Should Do After a Serious Accident in Florida
If you’ve been involved in a serious accident in Florida, your next steps matter. Here’s what you should consider doing as soon as possible:
- Seek medical attention, even if symptoms seem minor
- Keep copies of your medical records and bills
- Report the incident to the appropriate authority (e.g., police, property manager)
- Document everything, including photos, names of witnesses, and any communication with insurance companies
- Contact personal injury attorneys in South Florida to understand your options and preserve your rights
Most personal injury claims settle before trial, but preparing early as if your case will go to court often results in better outcomes.
What About Personal Injury Lawsuits Involving Workplace Injuries?
While workers’ compensation benefits generally replace the need for a personal injury lawsuit after workplace accidents, there are exceptions. You may have a valid personal injury case if:
- A third party (not your employer) caused your injury
- The injury was caused by defective equipment or intentional conduct
- You were misclassified as an independent contractor
Quick action preserves your rights after a workplace accident. You may have just two years to pursue a third-party claim outside of the workers’ comp system.
Hurt in South Florida? You May Have Less Time Than You Think to Take Action
Deadlines matter. Miss one, and your chance to recover compensation could disappear. At DiBiaggio Law, Florida personal injury lawyer Deirdre DiBiaggio represents people across South Florida who were hurt because someone else failed to act responsibly. Whether you’re dealing with the aftermath of a car accident, a slip and fall, or medical malpractice, we know how to pursue maximum compensation before the clock runs out.
We investigate what happened, gather the evidence, and protect your rights from the start. There’s no charge for your first consultation, and no attorney client relationship is formed until you’re ready to move forward. Call us today at (561) 473-9800 or fill out our confidential online form to schedule your free consultation with personal injury attorneys in South Florida.
Copyright © 2025. DiBiaggio Law. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
DiBiaggio Law
605 Belvedere Road, Suite 17
West Palm Beach, FL 33405
(561) 473-9800
https://www.dibiaggiolaw.com
