Time is the enemy of any legal claim, but in Florida, the clock is now ticking twice as fast. As part of the recent tort reform, the statute of limitations for general negligence cases—including ca...
Time is the enemy of any legal claim, but in Florida, the clock is now ticking twice as fast. As part of the recent tort reform, the statute of limitations for general negligence cases—including car accidents and slip and falls—has been cut in half, from four years to two years. This change catches many victims off guard, leading to the tragic loss of their right to sue. Understanding this new deadline is critical.
The 2-Year Rule Explained
Effective March 24, 2023, Florida Statute 95.11 requires that most negligence actions be filed within two years of the date the cause of action accrued (usually the date of the accident). If you fail to file a lawsuit before this deadline expires, your case will almost certainly be dismissed with prejudice, meaning you can never bring it again.
Why Was the Time Limit Reduced?
Proponents of the change argued that it would reduce the backlog of cases in courts and provide more certainty for businesses and insurers. However, for victims, it means less time to recover from injuries, determine the full extent of damages, and negotiate a settlement before having to file a lawsuit.
Are There Exceptions?
There are very limited exceptions to this rule. The 'discovery rule' may extend the time if the injury wasn't immediately discoverable, but this is rare in accident cases. Cases involving minors or mental incapacity may also have different tolling provisions. However, you should never rely on an exception without legal advice.
What About Medical Malpractice?
Interestingly, the statute of limitations for medical malpractice in Florida was already two years, so this specific change in the law brought general negligence claims in line with malpractice claims. Wrongful death claims also remain at two years.
Don't Wait Until the Last Minute
Waiting until the 23rd month to contact a lawyer is a recipe for disaster. Building a case takes time—investigating, gathering records, and negotiating. If you wait too long, lawyers may decline your case because they don't have enough time to prepare a proper filing before the deadline.
Contact Emas Law Group Today
Two years may seem like a long time, but when you are dealing with medical treatments, surgeries, and insurance adjusters, it flies by. Do not risk your right to compensation. If you've been injured, contact Emas Law Group immediately. We will ensure your claim is filed on time and your rights are protected.
Frequently Asked Questions
Does the 2-year limit apply to my old accident?
If your accident happened before March 24, 2023, the old 4-year statute likely applies. If it happened on or after that date, the 2-year limit applies.
What if I'm still treating for my injuries?
You must still file your lawsuit within the 2-year window, even if you are still treating. Your lawyer can argue for future medical damages.
Can I file an insurance claim after the 2 years?
Technically yes, but the insurance company will likely deny it immediately because they know you can no longer sue them to enforce payment.