Florida Personal Injury Statute of Limitations [2024 Updated]

In 2023, a reform to Florida tort laws was passed. The amendments altered comparative fault rules, changed the parties able to be held liable in negligent security cases, and altered how bad faith claims are handled. One of the significant changes in this law was to the statute of limitations for negligence-based personal injury claims. A Florida personal injury attorney can help you understand how these changes impact your unique claim.

Understanding the alterations to personal injury statutes is incredibly important, as the amendments significantly lower the amount of time you have to file a claim to only 2 years. If you do not file your claim in time, you are barred from compensation, and you will be unable to recover medical bills, lost income, property damage costs, and any other damages.

What Is a Statute of Limitations?

A statute of limitations for a civil claim is a legal time limit in which the person filing the claim, or the plaintiff, has to file the claim. Depending on the type of claim being filed and the entity being filed against, a statute of limitations may be a few months or several years, beginning from the date of the incident, accident, or injury. If the plaintiff does not file their claim within the statute of limitations, they lose their right to recover compensation for their damages.

The goal of a statute of limitations is to ensure that claims are filed in a reasonable period of time. That way, the party being held at fault is not liable for actions with no limit. The intention is also to ensure that the evidence for a claim, such as witness statements, video evidence, or physical evidence, is still accessible for the claim.

There are some exceptions to a statute of limitations. Under the rule of discovery, if the plaintiff did not know that they suffered damages during the incident, the statute of limitations begins when they discover or should have discovered the damages. Most claims have a secondary deadline, which is an overarching deadline that is not impacted by the rule of discovery.

How the Florida Personal Injury Statute of Limitations Is Different in 2024

In March 2023, the statute of limitations for personal injury claims that are based on the theory of general negligence changed from 4 years to 2 years, making the 2024 statute of limitations 2 years. Any accident that occurs after March 24, 2023, would be subject to this new 2-year statute of limitations. Failing to file your claim within 2 years of the date of your accident or injury will mean that you are barred from receiving compensation.

Not all personal injury claims are based on the theory of negligence, although most are. 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 the damages. Claims may also be based on strict liability, like in product liability claims, or on intentional misconduct.

What Are the Exceptions to This New Statute of Limitations?

The countdown for a statute of limitations may be put on pause for several reasons, including:

• The case is affected by the rule of discovery, as you did not know that you were injured right away.
• The injured individual was a minor at the time of the accident.
• The injured individual was incapacitated at the time of the accident.
• The allegedly at-fault party left the state after the accident and before a claim could be filed.
• 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 statute of limitations or under an exception, talk with an experienced attorney. They can provide legal counsel relevant to the unique situation you’re in and determine if you can recover compensation.

FAQs

Q: What Is the Statute of Limitations for Personal Injury Claims in Florida?

A: The statute of limitations for personal injury claims in Florida in 2024 is 2 years from the date of the injury. If you were unaware that you were injured at the time of an accident or incident, you have 2 years from the date you discovered the injury or should have discovered it. In 2023, the statute was lowered from 4 years to 2 years, although this only affects personal injury claims based on negligence. This lowered timeframe means that injured parties have to talk with an attorney and file their claims even more quickly.

Q: What Is the New Tort Law in Florida?

A: One of the amendments in the new tort law in Florida in 2023 is the change of the state’s laws from pure comparative negligence to modified comparative negligence. In a pure comparative negligence state, an injured party can recover damages, even if they are 99% liable for the accident, and their compensation is reduced by the same percentage that they were at fault.

The new laws, under modified comparative negligence, mean that injured parties are barred from compensation if they are more than 50% at fault for an accident.

Q: How Does Personal Injury Work in Florida?

A: You can file a personal injury claim when you are injured due to someone else’s negligence, recklessness, or intentional misconduct. If you can prove that your damages were the direct result of the other party’s action or inaction, that party becomes liable for the damages. This means that they are responsible for any economic and noneconomic damages that you suffered, which may include:

• Surgery costs
• Lost wages
• Reduced earning capacity
• Hospital transportation
• Physical pain
• Prescription costs
• Hospital stays
• Loss of quality of life

Q: Can You Sue for Personal Injury in Florida?

A: Yes, you can file a civil claim for personal injury if another party is responsible for the injury. In a negligence personal injury claim, you must prove the following:

1. The alleged at-fault party owed you a duty of care.
2. This duty of care was breached.
3. The breach of duty was the cause of your injury.
4. You suffered economic and noneconomic damages.

An attorney can help determine if you have a legally valid claim.

Contact Spohrer Dodd Trial Attorneys

Spohrer Dodd Trial Attorneys has decades of experience in legal claims, including personal injury claims. We are successful negotiators and litigators, and we can provide you with the compassionate legal care you need after an accident. Contact our experienced team today.