Most people who've been hurt in Florida don't think about filing deadlines on the day of the accident. They're focused on getting medical care, dealing with insurance calls, and trying to get back to normal. The legal clock, however, starts running whether or not anyone is paying attention to it.

Florida Statutes section 95.11 is the law that sets those deadlines. It controls how long an injured person has to file a lawsuit. Miss the window and the case is almost always gone — not weakened, not delayed, but permanently barred. A judge will dismiss it, and no amount of compelling evidence or serious injury will bring it back.

Understanding these deadlines isn't just a legal formality. It's one of the most practical things an injured person can do to protect their own claim.

A statute of limitations is a legal deadline. It defines the maximum amount of time a person has to file a lawsuit after an injury or loss. Once the deadline passes, the right to sue is extinguished.

The purpose behind these rules is practical. Evidence fades. Witnesses move or forget. Defendants deserve some certainty that old claims won't surface years later. Courts use statutes of limitations to balance the rights of injured people against the need for finality.

For injured Floridians, the relevant law is Florida Statutes section 95.11. It sets different deadlines depending on the type of claim.

This is the most important change Florida injury victims need to know about. In 2023, Florida's legislature amended the statute of limitations for negligence-based personal injury claims from four years to two years. That change applies to causes of action that accrued on or after March 24, 2023.

If you were hurt in a car accident, slip and fall, or other negligence-based incident after March 24, 2023, you generally have two years from the date of the injury to file a lawsuit.

For incidents that occurred before that date, the old four-year window may still apply depending on when the cause of action accrued.

Under Florida's Wrongful Death Act, a claim must be filed within two years of the date of death. This deadline has not changed with the 2023 tort reform. For more on who can file and what damages are available, see our Wrongful Death Lawyer Florida.

Medical malpractice claims follow a different rule. The clock generally starts when the injured person knew or should have known about the injury and its connection to medical care. The outer limit is four years from the date of the alleged malpractice, regardless of when it was discovered — with narrow exceptions for fraud or concealment.

The general rule is that the statute of limitations begins to run on the date of the injury or the date of death in a wrongful death case.

But there are important exceptions.

In some cases, an injury isn't immediately obvious. A person may not know they were harmed until symptoms appear later, or until a doctor connects a condition to a prior event. Florida courts have recognized a discovery rule in certain contexts — the clock may start when the injured person knew or reasonably should have known about the injury and its cause.

Medical malpractice is the clearest example. But the discovery rule can also apply in toxic exposure cases, defective product cases, and other situations where the harm wasn't immediately apparent.

Florida law provides some protection for people who cannot act on their own behalf. For minors, the statute of limitations generally does not begin to run until the child turns 18. For people under a legal disability, similar tolling rules may apply.

However, these protections have limits. Medical malpractice claims involving minors have their own specific rules that differ from the general tolling provision. An attorney should review any case involving a minor promptly.

If a defendant actively concealed the facts that would have allowed the injured person to discover the claim, Florida courts may toll the statute of limitations during the period of concealment. This is a narrow exception and requires proof of deliberate concealment.

Florida's 2023 tort reform legislation made significant changes to personal injury law. The reduction of the negligence statute of limitations from four years to two years is the most immediate concern for injury victims.

Before 2023, a person hurt in a car accident had four years to file. Now, for accidents occurring after March 24, 2023, that window is cut in half. Two years sounds like plenty of time. In practice, it often isn't.

Consider what has to happen inside that window:

• The injured person recovers enough to focus on legal questions
• Medical treatment continues and the full extent of injuries becomes clearer
• An attorney is retained and the case is investigated
• Records are gathered — medical, employment, insurance, police
• Liability is analyzed and the legal theory is developed
• The complaint is drafted and filed

When you account for the time it takes to do all of that properly, two years can feel very short — especially if the injured person waited months before consulting a lawyer.

For a broader look at how the 2023 tort reform affects Florida injury claims, see our article on Florida tort reform and injury victims.

This is the most common reason people miss deadlines. The injury seems manageable at first. Treatment continues. Months pass. By the time the person realizes the injury is serious and permanent, the filing window may be close or already gone.

It doesn't. Negotiating with an insurance company does not pause the statute of limitations. A claim can be "under review" with an adjuster while the legal deadline quietly expires. The insurer has no obligation to warn you that time is running out.

People sometimes hear "four years" from a friend or online source and don't realize the law changed in 2023. Others hear "two years" and don't realize their case may fall under a different category. Getting the right deadline for your specific claim type and incident date requires a legal review.

In cases involving assault, DUI, or other criminal conduct, families sometimes wait for the criminal process to conclude before pursuing a civil claim. The civil and criminal systems are separate. The civil deadline runs independently of any criminal prosecution.

If you're unsure whether your claim is still within the filing window, the most important step is to speak with a Florida personal injury attorney as soon as possible. An attorney can:

• Identify the correct statute of limitations for your specific claim
• Determine when the clock started running
• Evaluate whether any tolling exceptions apply
• Advise on whether the claim needs to be filed immediately

Do not assume you have more time than you do. Do not assume the insurance process protects your legal rights. And do not wait until the deadline is days away — by then, there may not be enough time to prepare a proper complaint.

If you were hurt in an accident anywhere in Florida — Miami, Fort Lauderdale, West Palm Beach, the Treasure Coast, Orlando, Tampa, Jacksonville, or Fort Myers — and you're not sure whether your claim is still within the filing window, Juan Cordero Lawyers can review your situation in a free, no-obligation consultation. Contact us today before time runs out.