Quick-Read Summary (TLDR)

Florida’s personal injury statute of limitations was reduced to two years from the date of injury for most negligence-based claims as of March 24, 2023. However, specific types of cases like medical malpractice, wrongful death, and product liability have different deadlines, some with unique “discovery rules” or “statutes of repose.”

Cruise ship injuries are governed by federal maritime law and often have significantly shorter deadlines, typically one year for filing a lawsuit and six months for written notice, as stipulated in passenger contracts. Exceptions exist for minors or incapacitated individuals, and the “discovery rule” can extend the period when injuries aren’t immediately apparent.

Given these complexities and the severe consequences of missing deadlines, seek prompt legal counsel from an experienced Florida attorney and protect your right to compensation.

South Florida Law won’t charge you a penny unless and until we win your case! Reach out to us on (954) 900-8885 or via our contact form.

When someone suffers an injury due to another person’s negligence, the law provides a limited window of time to file a lawsuit seeking compensation. This time limit is called the statute of limitations, and understanding these deadlines is crucial for anyone considering legal action in Florida. Missing these deadlines can permanently eliminate the right to pursue compensation, regardless of how strong the case may be.

The General Rule for Personal Injury Cases

Florida law underwent significant changes in 2023 that affect most personal injury claims. According to Florida Statutes 95.11(5)(a), individuals now have two years from the date of injury to file a lawsuit for cases based on negligence. This represents a major shift from the previous four-year deadline that existed before March 24, 2023.

This two-year rule applies to many common types of accidents, including car crashes, slip and fall incidents, and injuries caused by dangerous property conditions. For example, if someone slips on a wet floor in a grocery store in January 2025, that person would have until January 2027 to file a lawsuit against the store owner. The countdown begins on the date the injury occurs, not when the injured party decides to take legal action.

Special Time Limits for Specific Cases

Not all personal injury cases follow the same timeline. Medical malpractice claims operate under different rules found in Florida Statutes 95.11(5)(c). Injured patients have two years from when the malpractice occurred or two years from when the injury was discovered, whichever comes later. However, there is a hard deadline of four years from the date of the incident, with limited exceptions for cases involving minors.

Wrongful death cases, where a person dies due to someone else’s negligence, also have a two-year statute of limitations under Florida Statutes 95.11(5)(e). Importantly, the clock starts ticking from the date of death, not the date of the accident that caused the death. This distinction can be significant in cases where someone survives for months or years after an accident before ultimately passing away from those injuries.

Product Liability Cases Have Unique Deadlines

When defective products cause injuries, Florida law provides specific time limits that differ from other personal injury cases. According to Florida Statutes 95.11(3)(d), injured individuals have two years from the date of injury to file a product liability lawsuit. However, there is an additional layer of protection for manufacturers known as the statute of repose.

Under Florida Statutes 95.031, the statute of repose generally bars all product liability claims 12 years after the product was first delivered to its initial purchaser. This means that even if someone discovers a defect within the two-year window, the claim may still be barred if the product is more than 12 years old. There are exceptions to this 12-year limit for cases involving latent defects that could not reasonably be discovered through normal use, or when manufacturers deliberately concealed defects or misrepresented product safety.

Cruise Ship Injuries Follow Different Rules

Cruise ship accidents present unique legal challenges because they fall under federal maritime law rather than Florida state law. Most major cruise lines include specific provisions in their passenger ticket contracts that significantly shorten the time to file lawsuits. Typically, these contracts require injured passengers to file lawsuits within just one year from the date of the accident, rather than the two years allowed for most Florida personal injury cases.

Additionally, cruise lines usually require passengers to provide written notice of their injury within six months of the incident. Missing either of these deadlines can result in losing the right to seek compensation entirely. These shortened timeframes apply even though the cruise may have departed from a Florida port, because maritime law governs incidents occurring on ships in navigable waters.

Important Exceptions to Consider

Florida law recognizes that certain circumstances may justify pausing or extending the personal injury statute of limitations. When injured parties are minors under age 18 or have been declared legally incapacitated, the countdown may be paused until they reach adulthood or regain capacity. Additionally, the discovery rule allows the limitations period to begin when an injury is discovered rather than when it occurred, particularly in cases where harm is not immediately apparent.

“Florida law recognizes that certain circumstances may justify pausing or extending the personal injury statute of limitations.”

The Importance of Acting Quickly

Given the complexity of these various deadlines and the severe consequences of missing them, anyone who has suffered a personal injury should consult with an experienced Florida attorney as soon as possible. Legal professionals can determine which statute of limitations applies to a specific case, identify any exceptions that might extend deadlines, and ensure all necessary legal steps are completed on time. Attempting to “go it alone” and tackle these complex legal requirements without professional guidance, can result in permanently losing the right to seek compensation for injuries and damages.

South Florida Law

Having to deal with grief, physical and emotional pain, and financial hardship while also facing personal injury statutes of limitations can be stressful. However, do not let these legal deadlines create additional anxiety. Instead, rely on an experienced team of attorneys to represent you and recover damages on your behalf.

If you are struggling to make ends meet financially due to medical bills or an inability to work, you will be pleased to hear the South Florida Law does not charge you a penny—unless and until we win your case! If we agree to bring on your case, you will benefit from both the resources of a large firm and the attention to detail of a boutique firm. Getting the best of both worlds make South Florida Law unique and effective as a legal partner when you need us the most.

Personal injury statutes of limitations are real. If you’ve been injured in an accident or a loved one has died a wrongful death due to somebody else’s negligence, do not delay in contacting us for representation.

Reach out for a case review by calling (954) 900-8885 or via our contact form.