If you miss Florida’s personal injury filing deadline, you forfeit your right to file a lawsuit against the at-fault party. You might still be able to file a claim with their insurance company, but they will know you have no other legal recourse, so they may not offer you the amount of money you need to cover all of your losses.
If you speak to a Florida personal injury lawyer in a timely manner, we can file your case before the deadline and pursue the damages you need.
What Is Florida’s Personal Injury Statute of Limitations?
For most personal injury cases, the filing deadline is two years from the date of the accident. This is the statute of limitations as codified at Florida Statutes § 95.11.
As an example, if a speeding driver hit your car on January 10, 2026, you would have until January 10, 2028, to begin a lawsuit.
Please note that, while this deadline applies in most situations, there may be special circumstances that shorten or lengthen the deadline in your case. For instance, say that the local government contributed to your accident by failing to fill a pothole in a reasonable amount of time. Suing the government involves shorter deadlines, requiring quicker action on your part.
What If A Personal Injury Victim Misses This Deadline?
If you miss the deadline, you no longer have the right to file a lawsuit. At this point, your only possible option for recovering compensation would be to file a claim with the at-fault party’s insurance company and negotiate a settlement.
However, insurers generally do not want to pay accident victims any more than they have to. It sometimes takes the threat of a potential lawsuit to get them to negotiate in good faith and pay what you need. Once the deadline expires and they no longer have to worry about being sued, they may offer you little to nothing for your injuries, and you will not have any way of forcing them to offer more.
The insurer may even use the fact that you started your claim so late as “proof” that you were not really injured.
What Must You Do Before the Filing Deadline Expires?
If you want to file a lawsuit against whoever caused your accident—in the above examples, this would be the speeding driver and the local government—you must make sure to file your case with the appropriate court before you miss the filing deadline.
This is not as simple as it sounds. Filing a lawsuit involves much more than just filling out a form and sending it to the court. You will first have to:
- See a doctor to receive a complete and accurate diagnosis and treatment
- Build a casefile that includes all available evidence
- Figure out which civil court has jurisdiction over your case
- Identify who is responsible for your accident
- Determine what kinds of damages you are eligible for
All of this takes time. Even as you are preparing your case, you might receive a settlement offer or other communication from the liable party’s insurer. They may try to convince you to accept less money than you need or sign away your right to sue.
Between taking care of critical legal tasks and dealing with the insurance company, it can take far longer than you expect to prepare your lawsuit. This is why many accident victims choose to hire a legal representative to guide them through the process.
How Can You Make Sure You Meet The Filing Deadline?
Start as early as you can. Get medical treatment right after the accident, and then hire a personal injury law firm to manage your case on your behalf. This will give our legal team the maximum possible amount of time to build your case and decide what action to take.
By acting in a timely fashion, you can preserve your right to pursue damages for medical expenses, loss of wages, property damage, pain and suffering, and much more. With appropriate compensation, you could:
- Focus on recovering from your injuries without worrying about how you will pay the bills
- Support yourself and your family, even if you cannot work
- Ensure justice is done by compelling the at-fault party to pay for the damage they caused
- Make your community safer by proving that there are consequences for not following the law
What If You Do Not Plan To File A Personal Injury Lawsuit?
If you intend to file an insurance claim against the at-fault party instead of a lawsuit, you might think the personal injury deadline does not apply to you. While it is true that many cases settle out of court, there are plenty of unforeseen and unpredictable circumstances that could make a lawsuit necessary:
- The insurance company refuses to offer a fair settlement.
- The liable party denies all responsibility for the accident.
- The liable party or their insurer tries to blame the accident on you.
- The insurance company repeatedly makes unreasonable demands or does not answer your communications in a timely manner.
In situations like these, even if you would prefer to settle out of court, your only option for recovering the money you need could be a lawsuit. It is not always easy to know if and when to file suit. Our personal injury attorneys can monitor your case’s progress and work closely with you to decide when it might be time.
Do Not Miss Florida’s Personal Injury Deadline. Get Legal Help Today.
Since 2005, Anidjar & Levine has proudly represented accident victims and their families. We provide responsive legal care and act quickly to protect your rights. This includes making sure that you do not miss Florida’s personal injury filing deadline. Call today to get started with a free consultation.
We Can Help.
