Posted on June 15, 2026 - by Burnetti, P.A.
Burnetti, P.A., has helped injured Floridians pursue justice for decades, and one of the most critical factors in any case is time. The Florida statute of limitations personal injury deadline determines whether you can file a lawsuit at all. Miss it, and the courts will almost certainly turn you away, regardless of how strong your claim is. If you are searching for an Orlando personal injury lawyer after an accident, understanding this deadline is the first step toward protecting your rights.
For most personal injury cases in Florida arising on or after March 24, 2023, injured victims have two years from the date of the accident to file a lawsuit. This deadline applies to negligence-based claims, such as car accidents, slip-and-fall accidents, and wrongful death. Missing this window typically bars you from taking any legal action.
Florida’s personal injury claims deadline was not always 2 years. Before March 24, 2023, injured victims had four years to file a negligence-based lawsuit. That changed when Governor Ron DeSantis signed House Bill 837 into law, cutting the filing period in half. The legislation represented one of the most significant shifts in Florida civil litigation in recent memory.
If your accident occurred before March 24, 2023, the old four-year window may still apply to your case. If it occurred on or after that date, you have 2 years, and the clock starts the moment the injury occurs.
A statute of limitations is a legally defined deadline for filing a civil lawsuit. These deadlines exist across virtually every area of civil law and vary by state and claim type. In Florida, the personal injury statute of limitations Florida sets that boundary under Florida Statutes § 95.11, which governs the timeframes for negligence claims.
Once that period expires, the right to sue is gone. Courts rarely make exceptions, and judges have no discretion to revive a claim simply because the circumstances seem unfair. No amount of evidence, no matter how compelling, will revive an expired claim in most circumstances.
The statute of limitations for Florida personal injury claims varies by claim type. Knowing which deadline applies to your situation is essential.
Each case type carries its own rules, and some involve exceptions that can shorten or extend the standard window. An attorney familiar with the Florida personal injury statute of limitations can assess which deadline governs your specific claim.
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Filing deadlines serve a real function in the legal system. They protect defendants from facing claims based on evidence that has deteriorated or disappeared over the years. They also encourage injured parties to act promptly while witness memories are still fresh and medical records remain accessible. From a practical standpoint, a case built on recent documentation is stronger than one assembled years after the fact.
The Florida rule on the statute of limitations for personal injury is not designed to trap victims. It reflects the legal system’s interest in resolving disputes while the facts are still within reach.
Missing the Florida personal injury statute of limitations deadline carries serious consequences. In nearly all cases, the court will dismiss your lawsuit the moment the defense raises the expired deadline. You lose the right to recover compensation for medical bills, lost wages, pain and suffering, and any other damages tied to your injury.
There are limited exceptions, including the discovery rule for injuries that were not immediately apparent, and tolling provisions for minors or individuals under legal disability. These exceptions are narrow, and courts apply them carefully. Relying on an exception without legal guidance is a risk most injured people cannot afford.
Related reading: Common Insurance Coverage Disputes in Florida
Acting quickly after an injury does more than protect your filing deadline. Early legal involvement allows an attorney to preserve evidence before it is lost, identify witnesses while their accounts are still accurate, and begin building a demand that reflects the full scope of your damages. Medical records, accident reports, surveillance footage, and physical evidence all have a shelf life.
The sooner an attorney begins working on your case, the more of that evidence remains available. Understanding the statute of limitations Florida personal injury rules matters, but building a strong case requires time, resources, and strategy, all of which are easier to execute when work begins early.
When your claim is already running, you need a legal team that moves with purpose. Burnetti, P.A. has represented injured Floridians across Orlando and beyond since 1994, putting clients first in every case we handle. We pursue maximum compensation for victims of car accidents, slip and falls, workplace injuries, and more. Our attorneys never represent insurance companies, and our commitment to every client remains the same.
Call us today at (800) 287-6388 to discuss your case with an experienced Orlando personal injury lawyer and find out exactly where you stand.
Board-Certified Civil Trial Lawyer and founder of Burnetti, P.A., Doug Burnetti has spent his career fighting for the injured across Florida. Known for his courtroom skill and dedication to justice, he leads a firm built on integrity, strength, and results—recognized by Florida Super Lawyers and Martindale-Hubbell® for excellence in trial advocacy. He is also the recipient of the Jerry A. DeVane Award, presented by the Lakeland Bar Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Doug Burnetti, who has more than 31 years of fighting for injured clients across Florida.
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