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Understanding Florida’s Statute of Limitations for Personal Injury Claims

If you or a loved one was seriously injured in an accident, you may be entitled to financial restitution for your harms and losses. However, it is important to understand that there is a finite period of time to take legal action via the filing of a personal injury claim. 

The period is finite due to the “statute of limitations.” Under Florida law, the statute of limitations for personal injury claims varies depending on the type of case, but is generally two years from the date of the accident. 

Florida Statute of Limitations: Personal Injury

The personal injury statute of limitations in Florida has become more complex in recent years. Generally, the statute of limitations in Florida for personal injury cases is two years, commencing from the date of the accident. However, this two-year bodily injury statute of limitations in Florida only applies to claims arising after March 24, 2023. If you suffered a serious bodily injury in an accident prior to March 24, 2023, the previous statute of limitations for personal injury in Florida applies, which is four years, commencing from the date of the accident. 

For example, if you were involved in an auto accident that occurred on Pines Boulevard in Pembroke Pines, FL on April 20, 2023, you would likely have until April 20, 2025 to file a personal injury claim against the careless motorist who hit you. On the other hand, if you were involved in an auto accident on Pines Boulevard in Pembroke Pines, FL on March 20, 2023, then you would have until March 20, 2027 to file a claim against the motorist who harmed you.

Florida Personal Injury Statute of Limitations Recently Modified

There has always been a statute of limitations applicable to personal injury cases in Florida. As mentioned, prior to March 2023, personal injury claimants were afforded four years from the date of their injury to file a civil action against a defendant alleged to have harmed them. 

However, the Florida Legislature passed House Bill 837, which shortened the personal injury statute of limitations from four years to two years. The bill was signed into law by the Governor of Florida on March 24, 2023. 

Now, if an individual is harmed in an accident caused by the careless or reckless actions of another, they only have two years from the date of the incident to file a personal injury lawsuit to pursue financial restitution for their harms and losses. If the injured claimant fails to file a lawsuit within this condensed time frame, they will be barred from seeking compensatory damages stemming from the accident.

Exceptions to the Bodily Injury Statute of Limitations

There are some notable exceptions to Florida’s statute of limitations period for personal injury claims, including:

Claims Against the State Government 

If you were injured in an accident with a state owned or operated vehicle (e.g., a city bus, utility truck, etc.), then the statute of limitations is different for a personal injury claim. Specifically, you are required to file a notice of claim within three years of the date of the accident. In addition, this notice must include specific information. 

If filed incorrectly, you could be barred from pursuing financial restitution for your harms and losses. This is a big reason why you should speak to a lawyer if you were hit and injured by a government vehicle or injured on public property.  

Medical Malpractice Injury

If you were harmed during a medical procedure, the statute of limitations period is different. Specifically, you will have two years from the date of incident to file a malpractice claim.

Wrongful Death 

If you are seeking to take legal action associated with the untimely death of a loved one, you are afforded two years from the date of the victim’s death to file a civil action.

Talk to a Lawyer Sooner Rather than Later

The statute of limitations is a strict deadline. Once the statutory period passes, many Florida courts are inclined to dismiss an untimely filed personal injury lawsuit. This is why it is so important to take prompt action and contact a personal injury attorney in Florida sooner rather than later. 

Consult with a Florida personal injury lawyer as soon as possible to ensure that your legal rights are protected and that you receive the financial restitution you are owed for your harms and losses. 

The Time is Now – Contact Garnes Injury Law Today to Schedule a No-Cost Consultation

If you or a family member suffered an injury in an accident caused by the careless or reckless actions of another in Florida, then the time is now to speak to a personal injury lawyer. 

Contact Garnes Injury Law today! Our Pembroke Pines personal injury law firm is dedicated to representing people attempting to rebuild their lives after a significant injury caused by the negligent actions, or inactions, of others. 

Our team of skilled and knowledgeable legal professionals are ready to provide personalized, compassionate legal representation for you and your family. 

Contact Garnes Injury Law today to schedule a no-cost, confidential case evaluation.

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