What’s the Statute of Limitations for Personal Injury in Florida?

Paul Catania | March 28, 2025 | Personal Injury

Recovering from an accident is difficult enough, and dealing with the legal system shouldn’t make it worse. One of the most crucial aspects of a personal injury claim is understanding the statute of limitations, which is the fixed time the law mandates for filing a lawsuit. Therefore, ignoring this period may lead to a dismissal of the compensation claims.

If you’ve been injured in Tampa or elsewhere in Florida, we will inform you about the statute of limitations for personal injury claims, how liability is determined, and the recent changes in the law that will affect your case.

What Is a Statute of Limitations?

The statute of limitations is a crucial legal deadline determining how long you must file a lawsuit after experiencing an injury or harm. The purpose is to secure prompt resolution of cases while evidence can still be obtained and witness testimony remains reliable. In Florida, this legal principle is regulated by Florida Statutes Section 95.11, which outlines the specific time limits for various types of claims.

The countdown for the statute of limitations usually begins on one of three significant dates:

• The date of the injury: the day the incident in question occurred.
• The date the injury was discovered: In some cases, injuries or damages are not immediately apparent. Once the harm is identified, the clock starts ticking.
• The injury should have been reasonably identified: This may have acted as an alternative date if it had been previously noticed.

Missing the time limit for filing your claim will almost always result in the dismissal of the case, regardless of the strength of your testimony or your argument. Hence, it is crucial to be aware of and act according to the statute of limitations. Having an experienced lawyer on board as early as possible helps ensure that you protect your rights by avoiding the violation of critical deadlines.

What’s the Statute of Limitations for Personal Injury in Florida?

Florida’s statute of limitations for personal injury cases recently underwent a significant change that could impact your ability to file a claim. If your accident occurred on or after March 24, 2023, you have only two years from the incident date to file a lawsuit. This is a significant reduction from the previous timeline, so it’s crucial to act quickly if you’ve been injured.

However, for accidents that happened before March 24, 2023, the old statute of limitations still applies. This means you have the original four years from the date of the incident to take legal action.

Missing important deadlines can jeopardize your claim, so seeking legal guidance immediately after an accident is essential. By contacting a skilled Tampa personal injury attorney at Catania & Catania, you can ensure that all critical deadlines are met and your rights are protected.

How Is Liability Established?

To successfully recover compensation in a legal claim, you must establish liability by proving the following key elements:

1. Duty of Care: This means the at-fault party had a legal obligation to act reasonably to prevent harm to others. For example, drivers have a duty to follow traffic laws and operate their vehicles safely to protect other road users.
2. Breach of Duty: You must show that the at-fault party failed to uphold their responsibility. This could involve running a red light, driving under the influence, or other negligent behaviors demonstrating disregard for safety.
3. Causation: It’s critical to prove that the at-fault party’s actions directly caused your injuries. This involves demonstrating a clear link between their breach of duty and the harm you suffered, without which those injuries would not have occurred.
4. Damages: Finally, you must provide evidence of the losses you incurred due to the incident. These damages may include medical expenses, lost income from being unable to work, property damage, and non-economic impacts such as pain and suffering or emotional distress.

Florida follows a comparative negligence rule, which means your compensation is reduced based on your percentage of fault. For example, if you are 20% responsible for the accident, your settlement is reduced by 20%.

At Catania & Catania, our legal team gathers critical evidence—including police reports, medical records, and eyewitness testimony—to build a compelling case for liability.

Important Changes to Florida’s Statute of Limitations

The statute of limitations is not the only aspect of personal injury law that saw changes in 2023. House Bill 837 brought significant reforms that affect how compensation is awarded in personal injury cases, adding new complexities to these claims. One of the most notable changes introduces the Modified Comparative Fault Rule.

Under the old system, accident victims could recover damages even if they were up to 99% at fault for the accident, with their compensation reduced based on their level of fault. However, the new law now bars victims from recovering any compensation if they are found to be more than 50% at fault for the incident. This means that proving fault has become more critical than ever in personal injury cases, as even a slight shift in liability could result in a total loss of recovery rights.

These changes highlight the urgency of acting quickly after an accident and the importance of having experienced legal representation. A skilled attorney can help navigate these new legal standards, build a strong case, and protect your rights in an increasingly complex legal landscape.

Why Choose Catania & Catania Injury Lawyers?

Knowing your legal deadlines is essential when pursuing compensation for your injuries. Florida’s new statute of limitations and stricter liability laws mean there can be no time to waste.

For over 30 years, Catania & Catania Injury Lawyers has fought for accident victims in Tampa, securing over $500 million in verdicts and settlements. As a family-run law firm, we’re dedicated to providing personalized, aggressive representation for those in need.

Don’t risk missing your chance at justice. If you or a loved one has been injured, call us today at (813) 534-6921 to schedule a free consultation.

You don’t have to go through this alone—we’re here to help.