How the Florida Statute of Limitations Can Make or Break Your Injury Claim

January 20, 2026

Dennis Hernandez

When you are injured because of another person’s negligence, time is not just an abstract consideration, it’s a crucial legal factor. There are specific deadlines under Florida law during which time you can bring a legal case. However, failing to meet the deadline may mean that you will be barred from receiving compensation. These specific time frames are outlined in personal injury statute of limitations injury cases. They dictate how long you have to bring a lawsuit after having been injured.

Here at Dennis Hernandez Injury Attorneys, we’ve secured literally millions and millions for our clients. We have witnessed firsthand the impact of making (or not making) this filing deadline personal injury claim on a case. We fight to get you paid!

With this guide, you’ll learn what the statute of limitations is and how it works. You’ll also learn when to start counting down, potential exceptions (including moments when the clock may be temporarily paused), and why hiring an experienced personal injury attorney is your best bet for securing compensation.

What Is The Statute Of Limitations In Florida Injury Cases?

The statute of limitations is a legal rule that limits how much time can pass after something has happened before you can be sued. Under Fla. Stat. § 95.11, in most instances personal injury cases have to be filed within a certain number of years. This will depend on the type of claim.

And if the date passes before you file, the court will almost certainly dismiss your case, no matter how good your evidence is. This is particularly true of Florida statute of limitations injury cases, which are written to bring those cases to conclusion while evidence is fresh and witness memories are accurate.

The longer you wait, the less your claim is worth and worse you may waive any rights to recovery).

How Much Time Do You Have To File A Personal Injury Lawsuit In Florida?

Florida deadlines depend on the type of injury and legal claim:

General Personal Injury Claims: pursuant to Florida Statutes § 95.11(4)(a) for the four years from the date of the incident” deadline to commence your suit. That includes routine cases such as auto accidents, slip-and-fall injuries and product liability.

Wrongful Death: according to Florida Statutes § 95.11(4)(d), families have two years from the date of death to sue.

Medical Malpractice: under Florida Statutes § 95.11(4) (b), you normally have two years after the injury, or after the injury is reasonably discoverable, but no more than four years from the date of occurrence .

Failure to meet deadlines is a primary procedural reason personal injury cases are dismissed in Florida, according to the Florida Office of the State Courts Administrator.

When Does The Clock Start Running?

In general, the limitations period commences on the date of injury. That said, Florida law acknowledges that some injuries do take time to develop. Here’s where the “discovery rule” gets involved.

Exactly when the clock starts ticking is a complex question, and courts could land in some difficult debates over exactly what you knew or should have known about your injury to trigger the deadline. For example, if you suffered internal injuries from toxic exposure but only found out about them much later, the statute of limitations will take into consideration the date you learned, or should have learned, about such injuries.

Cases such as Hough v. Menses, 95 So. 3d 902 (Fla. 4th DCA 2012) exemplify how the courts use this principle to achieve equative results that do not compromise on serving notice or yet delay the legislative purpose of prompt litigation.

What Exceptions Can Extend Or Pause The Deadline?

Although the rules are rigid, some actions can “toll” (pause) the statute of limitations:

Minor Victims: if the victim is under age 18, the time may be stopped until said time as that person reaches the legal age of majority.

Mental Incapacity: a victim’s legal incapacitated could also extend the time limit.

Defendant Out in State: if the person or business you are suing is out of the state of Florida, then under contract law we can suspend the clock until they come back into the state.

Those exceptions are given a narrow reading, and you have to prove that they apply. This is why it’s important to consult with a personal injury lawyer early in the process.

Why Acting Quickly Strengthens Your Case?

And although you technically have years to file, waiting can weaken your case. Evidence can disappear, and witnesses can move or forget to mention important details about what they saw. In addition, with the passage of time records can get lost, forcing you to prove your case against a private resort or other facility all the more difficult.

A filing deadline personal injury claim is more than just a technicality, it becomes a strategic weapon. The more time your lawyer has, the better leverage this person will have. Furthermore, it is less likely for the defense to rebut what you say happened.

How Can A Personal Injury Attorney Protect Your Rights?

When have you hired a personal injury lawyer within an initial one or two months period, then it will be assured:

Precise deadline computation: lawyers determine the precise time statute of limitations on your claim and any exceptions that apply.

Evidence preservation: your attorney can take immediate steps to obtain accident reports, surveillance tapes, and medical records.

Negotiation leverage: building a persuasive case and quickly filing enhance your leverage in settlement negotiations.

Trial-ready preparation: if negotiations break down, your lawyer will be prepared to file and litigate as necessary within time limits.

At Dennis Hernandez Injury Attorneys, we adopt a two-pronged approach to getting the best results for our clients: we prepare for trial from day one and we strive towards the most advantageous settlement.

What Happens If You Miss The Filing Deadline?

If the statute expire before you file, it is likely that your case will be dismissed pursuant to Fla. R. Civ. P. 1.140(b) as untimely for a failure to state a claim.

That means you lose your right to any compensation, even if you had the most overwhelming evidence in the world that the defendant was negligent. The Florida courts don’t often grant exceptions, highlighting the importance of moving fast.

How Does The Statute Affect Settlements?

Even in settlement discussions, the statute of limitations remains a specter. Insurance companies understand the law, and if they learn that the clock has run out, they have no reason to pay.

That’s why a lawyer has to weigh negotiation against the gamble of running out the clock. At Dennis Hernandez Injury Attorneys in Florida, we keep a close eye on the statute of limitations when it comes to injuries so as not to lose leverage and ensure that our clients experiences are filed without further delay.

What Steps Should You Take Immediately After An Injury?

Seek Medical Care: treating immediately establishes a record of the injury in its earliest stage.

Document Everything: snap pictures, gather names of witnesses and save your correspondence.

Contact a Personal Injury Attorney: the sooner you speak with an attorney, the more likely it is that your case will comply with the statute’s time limitations.

Common Myths About The Statute Of Limitations

“I can file whenever I’m ready.” False; when the statute is up, so is your claim.

“Negotiations stop the clock.” Wrong; the law does not stand still for settlement talks.

“I can get an extension without much of a problem.” Rarely true; tolling is available in very specific circumstances.

Why Hire Dennis Hernandez Injury Attorneys?

As experienced trial attorneys who have secured millions of dollars for clients, we understand how to work within the statute of limitations in favor of our clients. We fight to get you paid!

We’ve successfully litigated cases where timing made a critical difference, and we’re dedicated to ensuring our clients don’t lose their right to sue due to an expired statute of limitations.