Florida Cut Its Personal Injury Deadline to 2 Years — Here's What That Means

If you were injured in a car accident, a slip and fall, or any other incident caused by someone else's negligence in Florida, you need to be aware of a significant legal change that took effect in 2023 — one that cut your deadline to file a lawsuit nearly in half.

What Changed — and When

On March 24, 2023, Governor Ron DeSantis signed HB 837 into law, which made sweeping changes to Florida's civil litigation landscape. The most immediately impactful change for injured Floridians: the statute of limitations for negligence-based personal injury claims was reduced from 4 years to 2 years.

This change applies to causes of action that accrued (i.e., the injury occurred) on or after March 24, 2023. If your injury occurred before that date, the old 4-year window generally still applies — but if you were hurt after that date, your clock is much shorter.

What "Statute of Limitations" Actually Means

The statute of limitations is the legal deadline by which you must file a lawsuit. If you miss it, your case is almost certainly over — regardless of how strong your claim might be. Courts do not have discretion to ignore this deadline except in very narrow circumstances (such as when the injured person is a minor or was mentally incapacitated).

Two years sounds like plenty of time. But personal injury cases — especially serious ones involving significant injuries — require months of medical treatment, documentation, evidence gathering, and negotiation before a lawsuit is even filed. Many victims do not realize how quickly that window closes.

The Comparative Fault Change

HB 837 also changed Florida's comparative fault rule in a way that significantly affects injured victims. Florida previously used a pure comparative negligence standard, which meant you could recover damages even if you were 99% at fault for your own injury (your recovery would simply be reduced by your percentage of fault).

Under the new law, Florida switched to a modified comparative negligence standard with a 51% bar. If you are found to be more than 50% at fault for the accident, you recover nothing. Defense attorneys and insurance companies will now work aggressively to assign as much fault as possible to the injured party.

This makes having an experienced personal injury attorney on your side more important than ever.

What You Should Do If You Were Injured

• Seek medical treatment immediately and follow through with all recommended care. Gaps in treatment are used by insurance companies to argue your injuries are not serious.
• Document everything — photos of the scene, the vehicles, your injuries. Get the names and contact information of any witnesses.
• Do not give a recorded statement to the other party's insurance company without speaking to an attorney first. Insurance adjusters are trained to get statements that minimize your claim.
• Contact a personal injury attorney as soon as possible. Do not wait until the deadline approaches. Evidence disappears, witnesses move, and surveillance footage gets overwritten.

No Fee Unless You Win

At Warrior Law LLC, personal injury cases are handled on a contingency fee basis — you pay nothing unless we recover compensation for you. Attorney Michael P. Gilbert handles car accidents, slip and fall cases, premises liability, and wrongful death claims across Northwest Florida.

If you or a family member was injured and you are unsure whether you have a claim, the best thing you can do is call for a free consultation. There is no obligation and no cost to find out where you stand.