How Long Do You Have to Claim Personal Injury in Florida?

If you have been injured because of another person’s negligence, you may ask yourself, “How long do you have to claim personal injury in Florida?” In 2025, Florida reduced its statute of limitations for personal injury claims, so now claimants have half as much time to pursue a case against the party responsible for their damages.

Delaying legal help can cost you significantly. It is important to contact a personal injury lawyer immediately after your accident. At Paul Figueroa Law, we believe in standing with you and standing up for you. Our team can work tirelessly to make sure you receive the results you desire from your personal injury claim.

Types of Personal Injury Cases and Their Statute of Limitations

Florida law allows two years from the date of injury for you to file a personal injury claim; however, there are exceptions based on the type of personal injury.

• Medical malpractice claims have a two-year deadline from when the injury is discovered, but no more than four years from when the accident happened. If a foreign object was left in your body after surgery in 2023, and it wasn’t discovered until 2025, you would then have until 2027 to file.It is not recommended to wait too long to file, as medical malpractice claims can be some of the most complex to navigate, and 8 out of 10 end up going to trial.

• Product liability cases fall under Florida’s statute of repose, which allows claims to be filed up to 12 years after the product was delivered to its first purchaser if the product had an expected useful life of 10 years or less. So, if you purchased an item in 2025 that is not expected to work properly after 10 years, you would not be able to claim damages for harm caused after 2037.
• Wrongful death claims in Florida must be filed within two years of the death, not two years from the date of the accident that caused the death. In 2023, approximately 222,698 preventable injuries resulted in death If your family member was injured in a car accident in Tampa in June 2024, but didn’t perish until January 2025, you’d have until January 2027 to file a claim.
• If your injury involves a Florida state, county, or city government agency, then different rules apply. Personal injury claims must be filed within three years, and the government agency must be allowed six months to investigate before filing a lawsuit.

Additional Exceptions to Florida’s Filing Deadline

When you or your loved one becomes a personal injury victim, it is important to be aware of the following exceptions to personal injury claims in Florida prior to filing:

• The Discovery Rule allows two years after the discovery of the injury, and after a diagnosis has been made by a medical professional. This allows time for delayed injuries to be discovered.
• When the at-fault party deliberately conceals their negligence, the state of Florida allows an extension. This extension is based on the nature of the case and the level of concealment by the defendant and/or their insurance provider.
• If the injured party is a minor child, the statute of limitations in Florida does not begin until their 18th birthday.
• If the injury leaves someone medically incapacitated and unable to make their own decisions, the two-year statute may be paused until they recover. This extension only lasts until seven years after the date of the accident.

FAQs

Q: How Long Do You Have to File a Claim Against Someone for a Personal Injury in Florida?

A: Florida recently adopted the two-year rule for suing someone over a personal injury. There are exceptions to this law, but oftentimes the faster you act, the better. In 2023, $1.2 trillion was spent on personal injury costs nationwide.

With the cost of healthcare constantly on the rise, it is important to seek medical attention immediately after an accident to start the documentation process and build your claim. Hiring a personal injury lawyer can help get your case started right away.

Q: What Is the Hardest Injury to Prove?

A: The hardest personal injuries to prove are emotional injuries due to trauma from the accident. Proving PTSD can be trickier than a broken bone, which can easily be shown through an X-ray. Demonstrating emotional damages begins with receiving a diagnosis from a medical provider and keeping documentation.

Having a journal that shows the extent of your emotional suffering after the accident can help relate it back to the personal injury claim. It is essential to speak to a mental health professional and our Tampa personal injury lawyer for guidance.

Q: What Are the Exceptions to Florida’s Statute of Limitations for Personal Injury?

A: There are many exceptions to Florida’s statute of limitations for personal injury. There is an allowance for discovery periods, concealment, and accidents involving minors. If the injured person is a minor, the time limit does not start until they reach the age of 18.

Another exception to this deadline is if someone is incapacitated due to the injury sustained. The time limit would not start until they can mentally make their own decisions. It is always important to seek legal counsel when trying to navigate a personal injury claim.

Q: What Happens if You Miss the Deadline to File a Personal Injury Claim?

A: If you miss the deadline to file your personal injury claim, you could lose your right to pursue compensation. Missing the deadline also increases the likelihood of insurance companies not paying your claim. It is important to contact an attorney as soon as you discover you are injured to file your case in a timely manner.

Hire a Personal Injury Lawyer

Personal injury cases in Florida can be tricky. Hire a personal injury lawyer to help ease the burden and advise you on building your case. It is always vital to act swiftly. Here at Paul Figueroa Law, we provide our clients with quality legal services. We treat our clients like family and have over 15 years of experience with proven results. Contact our office today so that we can get started on building your personal injury case.