If you’ve been hurt in an accident that wasn’t your fault, your first priority is healing. But at some point, the bills start coming in. You may start wondering whether you should file a personal injury claim—and how long you actually have to do it.
The truth is, there’s a legal deadline for filing a lawsuit against someone who caused you harm. It’s dictated by the statute of limitations, and it plays a huge role in whether your case can move forward.
What Is the Statute of Limitations for Personal Injury Claims in Florida?
People often ask, “How long do I have to sue for personal injury?” In Florida, the answer is two years unless an exception applies. Whether it was a car crash, a fall on someone else’s property, or another type of accident, the statutory deadline applies.
This two-year deadline is firm. If you try to file after the statutory period expires, the court will likely dismiss your case without a hearing, even if you have strong evidence and a legitimate injury.
When Does the Statutory Period Start?
Most of the time, the period dictated by the statute of limitations begins on the date of the injury. That might be the day of a car accident, a fall, or any event that caused harm.
But there are situations where the damage isn’t obvious right away. In those cases, the law sometimes allows the clock to start later. If you’re unsure when your countdown began, talking to a lawyer can help you figure it out before your personal injury lawsuit deadline passes.
Exceptions to the Personal Injury Statute of Limitations
Like most things in the legal world, there are exceptions to the statutory deadline—but they’re limited and fact-specific.
Here are a few examples:
- Delayed discovery – If the injury or its cause wasn’t immediately known, the statutory period may start when you discovered (or should have discovered) the issue. This delayed discovery rule can apply in medical malpractice cases or toxic exposure claims.
- Injured minors – If the person hurt is under 18, the clock may not begin to run until they reach adulthood—though certain case types may still have stricter time limits.
- Defendant leaves the state – If the person or business responsible leaves Florida for a period of time after the accident, that time may not count toward the two years.
- Mental incapacity – If someone is legally incapacitated and unable to act on their own behalf after the injury, the clock will not begin to run until they become mentally competent.
Can You Extend the Statute of Limitations Period?
In most cases, no—you can’t extend the statutory period once it’s passed. Florida law only allows extensions in very limited situations, like delayed discovery or legal incapacity.
Even if an exception might apply, it’s not automatic. You’ll need to show specific facts that support the delay. That’s why it’s important to talk to a lawyer as soon after your injury as possible while all your options are still on the table.
What If I’m Still Talking with the Insurance Company?
Here’s a common mistake: thinking that talking with the insurance adjuster “pauses” the clock. It doesn’t. The statutory period keeps running while you’re negotiating a settlement. If talks drag out and the deadline passes, you may not be able to sue if the deal falls through. It’s better to file your lawsuit as soon as you realize there is a dispute about the value of your claim.
Why the Time Limit to File a Personal Injury Lawsuit Matters
If you wait too long, you risk more than missing a deadline. Valuable evidence can slip away, witnesses relocate, documents disappear, and details become harder to remember.
The earlier you speak with a lawyer, the easier it is to:
- Secure photos, videos, and witness statements
- Preserve key documents and injury records
- Show the connection between the accident and your symptoms
- Track medical progress and recovery timelines
- Build a claim with the strongest support possible
Yes, the personal injury legal time frame is a deadline—but it’s also an important timeframe to build your case while everything is still fresh. That’s why we always encourage people to talk to an attorney early, even if they’re not sure they want to file yet.
What Happens If You Miss the Deadline?
If you file a lawsuit after the statutory period lapses, the at-fault party can ask the court to dismiss it. In most cases, the court will agree—no matter how legitimate your injury is.
This is one of the most common and avoidable consequences of missed lawsuit deadlines. It doesn’t matter if your medical bills are high or if the other party was clearly at fault. If the time’s up, your legal options may be gone.
Don’t lose your chance to recover just because time ran out. Even if you’re still healing or unsure about suing, it helps to have the timeline confirmed by someone who knows the law.
What to Do If You Think the Deadline’s Getting Close
Maybe it’s been more than a year, and you’re just now thinking about filing. Or maybe you’ve had lingering symptoms from an old injury and never realized you had a case. Either way, it’s not too late to ask.
Here’s what we recommend:
- Check your timeline with a lawyer. It’s usually free to ask, and it might give you peace of mind.
- Gather any paperwork you’ve received related to the accident or your injuries.
- Avoid signing anything from the insurance company until a lawyer has reviewed the document.
- Don’t guess at your deadline. The statute of limitations provides a specific deadline for filing a lawsuit, and a small mistake could cost you everything.
The Personal Injury Lawsuit Filing Process Starts with a Call
Whether your accident happened last week or almost two years ago, your first step is simple: find out where you stand.
At Werner, Hoffman, Greig & Garcia, our personal injury lawyers help injured people across Florida understand their rights—and act before the filing deadline for injury lawsuits passes. We’ll talk with you about what happened, what Florida law says, and whether you still have time to file. No pressure. Just clear, honest answers.
If you’re unsure about the personal injury lawsuit time limits, we’re here to walk you through it. Because when it comes to your recovery, timing matters—and so does having the right team on your side. Contact us online or call us today at 561-320-8285 for your free consultation.
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About the Author
Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog
