Florida personal injury statute of limitations is different in 2024
Back in March of 2023, as a result of Florida HB 837, the personal injury statute of limitations for claims based on the theory of negligence was changed from 4 years to 2 years.
As a result, beginning in 2024, the statute of limitations for any personal injury claims based on that theory of negligence is now just 2 years.
Any accident that occurred after March 24, 2023 would be subject to this new 2-year statute of limitations.
Failing to file a claim within 2 years of the date of an accident or injury will prevent accident victims from receiving compensation.
Although most personal injury claims are based on the theory of negligence, some are not.
Negligence occurs when an individual, company, or other party acts or fails to act in a way that breaches the expected standard of care for the situation, causing damages.
Claims may also be based on strict liability, as we typically see in product liability claims, and they can also be based on whether or not there was intentional misconduct.
EXCEPTIONS TO THE NEW PERSONAL INJURY STATUTE OF LIMITATIONS:
A personal injury statute of limitations countdown may be put on hold for several reasons, including:
- If the case was affected by the rule of discovery, which often occurs in cases when a victim did not know they were injured right away.
- If the injured individual was a minor at the time of the accident.
- If the injured individual was incapacitated at the time of the accident.
- If the allegedly at-fault party left the state after the accident and before a claim could be filed.
- If the allegedly at-fault party took steps to prevent the claim from being filed by concealing themselves in some way.
If you are unsure whether your case qualifies under the new personal injury statute of limitations or under an exception, we encourage you to talk with one of our experienced injury lawyers right away.
We can provide legal counsel relevant to whatever injury situation someone is in. We also help accident victims determine if they can recover compensation, discuss their options and potential outcomes with our free detailed case evaluation and consultation.
Fernandez Law Group’s team of Award Winning Tampa Personal Injury Lawyers work aggressively when seeking compensation for injuries and damages and have recovered millions of dollars in settlements for hundreds of clients all over Florida.
This law firm has established a solid reputation for earning the proper compensation our clients deserve, no matter how hard the fight.
Not all personal injury attorneys have our commitment to achieving full justice for their clients, nor do they have our trial experience and proven skills. We are committed to providing exceptional representation. – View our recent Feedback & Reviews
If you or a loved one has been seriously injured, do not try to handle a claim on your own or risk using an inexperienced lawyer.
CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.
NEWSLETTER: 8/8/24 – Florida personal injury statute of limitations is different in 2024
The key change to Florida’s personal injury statute of limitations came on March 24, 2023, when the deadline to file a lawsuit for negligence-based personal injury claims was reduced from four years to two years.
Key Changes:
Shorter Deadline:
- Previously: Four years from the date of injury.
- Now: Two years from the date of injury.
Applies to Negligence-Based Claims:
- This includes car accidents, slip-and-fall cases, and other personal injury claims based on negligence.
Not Retroactive:
- If your injury occurred before March 24, 2023, you still have four years to file.
- If your injury occurred on or after March 24, 2023, you only have two years to file.
Exceptions Still Apply:
- Minors & Incapacitated Individuals – The statute may be tolled (paused) in some cases.
- Discovery Rule – If an injury wasn’t immediately apparent, the time limit may begin when it was discovered.
This change was part of Florida’s HB 837 Tort Reform, which aimed to limit lawsuits and reduce insurance costs. If you think this change affects you, it’s best to consult with a personal injury attorney to ensure you meet the filing deadline.
Fernandez Law Group’s team of Award Winning Tampa Personal Injury Lawyers are ready to assist anyone with questions or concerns regarding the recent personal injury statute of limitations changes in Florida.
