Florida's 2-Year Personal Injury Statute of Limitations — What the 2023 Change Means for Your Claim
Written by the Hughes and Barnard Law Firm, PA marketing team and reviewed by Attorney Howard Hughes to ensure quality and accuracy.
Published 2026 · Hughes & Barnard Law Firm, PA · Jupiter, FL
In March 2023, Governor Ron DeSantis signed HB 837 into law — one of the most significant changes to Florida personal injury law in decades. Among its most impactful provisions: the personal injury statute of limitations was cut in half, from four years to two years. If you were injured in an accident in Florida on or after March 24, 2023, you now have two years — not four — from the date of your injury to file a personal injury lawsuit. Missing this deadline permanently extinguishes your right to sue.
This change caught many Floridians and even some attorneys off guard. It is one of the most important deadlines in personal injury law, and the shortened timeframe makes prompt legal consultation more critical than ever.
What Was the Old Law?
Prior to March 24, 2023, Florida’s personal injury statute of limitations — codified in Florida Statute 95.11(3)(a) — gave injury victims four years from the date of the accident to file a lawsuit. This relatively long window allowed injury victims to recover from acute injuries, understand the full extent of their damages, and make informed decisions about litigation before the deadline passed.
What Did HB 837 Change — and When?
HB 837, signed March 24, 2023, amended Florida Statute 95.11 to shorten the personal injury statute of limitations from four years to two years. The change applies to causes of action that accrued on or after March 24, 2023 — meaning accidents that occurred on or after that date are subject to the two-year window. Claims arising from accidents before March 24, 2023 are generally still governed by the old four-year rule, though the complexities of transitional law make prompt consultation essential for any pre-2023 accident.
The Two-Year Clock: When Does It Start?
The statute of limitations clock generally begins on the date the cause of action ‘accrues’ — which in most personal injury cases is the date of the accident itself. However, Florida law recognizes exceptions that can affect when the clock starts:
The Discovery Rule
When an injury is not discovered — and could not reasonably have been discovered — at the time of the accident, Florida’s discovery rule may delay the start of the limitations period. This most commonly applies to latent conditions: an internal injury that was not diagnosed for weeks, a toxic exposure that caused illness that only became apparent months later, or a product defect that caused progressive harm. The two-year period begins from the date the injury was discovered or should have been discovered through reasonable diligence.
Injuries to Minors
When the injured party is a minor at the time of the accident, the statute of limitations is tolled (paused) until the child reaches age 18. This means a child injured in a car accident at age 10 has until age 20 to file a personal injury lawsuit — the two-year clock starts running on their 18th birthday.
Government Defendant — Notice Requirement
When the defendant is a government entity — a state agency, county, municipality, or other public body — Florida’s sovereign immunity laws impose additional requirements. You must file a formal notice of claim with the appropriate government agency within three years of the accident before you can file suit. This pre-suit notice requirement interacts with the two-year lawsuit deadline in ways that make early legal consultation critical in any accident involving government entities (city vehicles, county roads, public transit, etc.).
What Happens If You Miss the Deadline?
If you fail to file a personal injury lawsuit within the applicable statute of limitations, the defendant will almost certainly file a motion to dismiss on the grounds that your claim is time-barred. Florida courts take the statute of limitations seriously — with very limited exceptions, a time-barred claim cannot be revived. You lose the right to pursue your claim permanently, regardless of how strong the evidence is, how serious your injuries are, or how clear the other party’s fault was.
This is not a technicality that courts routinely overlook. The statute of limitations is a substantive bar to recovery in Florida.
Why Waiting Is Dangerous — Even Before the Deadline
While the two-year deadline is the hard cutoff, waiting significantly shorter than two years to consult an attorney creates its own risks:
- Evidence disappears: Accident scene evidence, surveillance footage, vehicle black box data, and witness memories all degrade over time. The strongest investigations happen immediately after an accident.
- Witness availability decreases: Witnesses move, phone numbers change, and memories become unreliable.
- Medical records become harder to connect: The longer the gap between an accident and medical treatment, the easier it is for an insurance company to argue the injuries pre-existed the accident or were caused by something else.
- Insurance companies use delay against you: An insurer who learns you waited 18 months to consult an attorney will argue the delay shows your injuries were not serious.
HB 837 Changed More Than the Statute of Limitations
The 2023 tort reform law made several other significant changes that affect Florida personal injury claims alongside the statute of limitations reduction:
- Modified comparative fault: Florida changed from pure comparative fault (where any degree of fault allowed recovery) to modified comparative fault (where you cannot recover if you are 51% or more at fault). If a jury finds you 51% responsible for your accident, you recover nothing.
- Expert testimony standards: HB 837 adopted the Daubert standard for expert witnesses, making it more difficult to introduce certain types of expert testimony.
- Fee shifting changes: The law made changes to one-way attorney's fee provisions that previously gave plaintiffs a significant advantage in insurance disputes — changes that benefit insurers.
The Bottom Line: Act Quickly
If you were injured in an accident in Florida on or after March 24, 2023, your window for filing a personal injury lawsuit is two years. If your accident occurred before that date, the four-year window may still apply — but transitional questions make it essential to verify this with an attorney.
Hughes and Barnard Law Firm, PA offers free consultations for all personal injury matters. If you have questions about whether your claim is time-barred or approaching a deadline, call us immediately. These are not questions to delay.
Don’t let the deadline take away your right to compensation.
Call (561) 296-9400 now — Hughes & Barnard Law Firm, PA — Jupiter, FL — free consultation.
