If you’ve been injured in Florida due to someone else’s negligence or wrongdoing, understanding the statute of limitations for personal injury claims is essential. The statute of limitations is a law that sets a deadline for filing a lawsuit after an injury or accident. Missing this deadline can prevent you from being able to file your claim and receive compensation.
What is the Statute of Limitations for Personal Injury in Florida? 
In Florida, the statute of limitations for most personal injury cases is four years from the date of the accident or injury. This means that if you are injured in an accident, whether it’s a car crash, slip-and-fall, or another type of injury, you generally have four years to file a lawsuit. If you do not file your claim within this four-year period, you will likely lose your right to seek compensation.
However, it’s important to note that the statute of limitations is not the same for every type of personal injury case. For example, if you are filing a medical malpractice claim, the statute of limitations is two years from the date the injury was discovered or should have been discovered. In the case of wrongful death, the statute of limitations is two years from the date of death, not from the accident that caused the death. Different circumstances and the type of injury may impact the timeframe, so understanding the specific rules for your case is critical.
Are There Any Exceptions to Florida’s Personal Injury Statute of Limitations?
Yes, there are a few exceptions to the standard four-year deadline that could give you more time to file a personal injury claim. Understanding these exceptions could be crucial to your case:
- Minors: If the injured party is under the age of 18 at the time of the accident, the statute of limitations is extended. For minors, the clock does not start ticking until they turn 18. This means that if a child is injured in an accident, they have until they reach the age of 22 to file a lawsuit.
- Delayed Discovery: In some cases, injuries may not be immediately apparent. If the injury was not discovered right away or if its effects don’t become known until later, the statute of limitations may be extended. This is often referred to as the “discovery rule.” For example, if you were exposed to harmful chemicals or substances but didn’t begin showing symptoms until years later, the time to file your lawsuit may begin from the date the injury was discovered, rather than the date of exposure.
- Fraud or Concealment: If the person or entity responsible for your injury took steps to hide their actions or the injury itself, the statute of limitations may be extended. In such cases, the clock will start running when the fraud or concealment is discovered.
- Government Claims: If your personal injury case involves a government entity, the statute of limitations is often shorter. In Florida, claims against government entities must typically be filed within three years. Additionally, special procedures need to be followed, including notifying the government entity of your claim within a specific time frame.
Michael Serrano
Founding Attorney
Candace “Cea” Hartley
Attorney
Molli Gard, ESQ.
Attorney
What Happens if I Miss the Statute of Limitations Deadline?
If you miss the statute of limitations deadline, the court will typically dismiss your case, and you will lose your right to seek compensation. Florida courts are strict about deadlines, and unless you qualify for an exception, there is little room for flexibility. If your case is dismissed due to missing the statute of limitations, you may no longer be able to recover damages for your injuries, making it extremely important to file your lawsuit on time.
In some circumstances, it may be possible to get the statute of limitations “tolled” (paused), but this is a rare exception. A tolling of the statute of limitations might apply if, for example, the injured person was mentally incapacitated or if they were a minor. However, tolling situations are uncommon, so it is essential to act quickly and ensure that you meet the filing deadline.
Can I Settle My Personal Injury Claim Before the Statute of Limitations Expires?
Yes, you can settle your personal injury claim before the statute of limitations expires. In fact, many personal injury cases are resolved through settlement without going to trial. Settlement can be an attractive option because it allows both parties to avoid the time, expense, and uncertainty of a trial. However, it is important to be mindful of the statute of limitations, as waiting too long to reach a settlement could leave you with no recourse if negotiations fall through.
If a settlement offer is not made or is not favorable, filing a lawsuit before the statute of limitations expires ensures that you preserve your legal right to pursue compensation through the court system. If settlement negotiations break down, you will still have the option to take the case to trial, provided you file before the deadline.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”
- Mary
Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"
- Kylie Collier Border
I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."
- Sandy Carter
What Should I Do If I’m Injured in Florida?
If you have been injured in Florida, the following steps are essential to protect your rights and ensure that you do not miss the statute of limitations deadline:
Seek Medical Attention Immediately
Your health and safety should be your primary concern. Even if you don’t feel that your injuries are serious, it is important to seek medical attention. Some injuries, such as internal injuries or concussions, may not show immediate symptoms but can have long-term effects. Additionally, obtaining medical records soon after the accident will provide crucial evidence if you decide to pursue a personal injury claim.
Contact a Personal Injury Attorney
Once you’ve received medical attention, reach out to a personal injury lawyer who is familiar with Florida’s laws. An experienced attorney can help you navigate the legal process, ensure you meet all deadlines, and gather the necessary evidence to support your claim.
Don’t Delay in Filing
Even if you are unsure whether you want to pursue a lawsuit or settle, don’t wait until the last minute to contact an attorney. Filing a claim as soon as possible ensures that your case is protected by the statute of limitations.
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Gather Evidence
The sooner you start gathering evidence, the stronger your case will be. Take photos of the accident scene, your injuries, and anything that may be relevant to your case. If there are witnesses, get their contact information. Documentation of your injuries, medical treatment, and lost wages can all help demonstrate the extent of your damages.
Why Choose Serrano Law?
At Serrano Law, we understand the complexities of Florida’s personal injury laws, including the statute of limitations. Our team is committed to helping victims of accidents in Hillsborough County and throughout Florida secure the compensation they deserve. We offer free consultations and are ready to discuss your case and guide you through the legal process. Don’t wait—contact us today to ensure that your claim is filed on time and that your rights are fully protected.
