The 2023 Changes
Florida's 2023 tort reform legislation (HB 837) significantly changed the statute of limitations for negligence-based personal injury claims. The filing deadline was reduced from 4 years to 2 years from the date of injury. This change applies to all causes of action arising after March 24, 2023.
Current Filing Deadlines
General negligence and personal injury claims must be filed within 2 years. Medical malpractice claims have a 2-year deadline with a 4-year statute of repose. Wrongful death claims must be filed within 2 years from the date of death. Product liability claims follow the 2-year negligence deadline. Fraud claims have a 4-year deadline from the date of discovery. Contract claims are 5 years for written contracts and 4 years for oral contracts.
The Discovery Rule
In some cases, the statute of limitations may be "tolled" (paused) under the discovery rule — when the injured party could not reasonably have known about the injury or its cause. This exception is narrow and courts apply it cautiously. Medical malpractice cases and latent injury claims most commonly invoke the discovery rule.
Why 2 Years Is Shorter Than You Think
Two years sounds like plenty of time, but building a strong personal injury case requires medical treatment completion and documentation, expert witness retention, evidence investigation and preservation, insurance company negotiations, and pre-suit demand compliance. Starting this process 18 months after an accident leaves dangerously little room for proper case preparation.
Don't Wait
If you've been injured in Florida, the clock is running. Consulting an attorney early protects your rights and gives your legal team the time needed to build the strongest possible case. There is no cost for an initial consultation at Steele T. Williams, P.A.
Need Legal Help?
Contact Steele T. Williams, Esquire for a confidential consultation. (941) 378-1800.