The state of Florida has recently enacted a new statute of limitations for personal injury cases. This important law affects anyone who may have been injured due to someone else’s negligence or intentional misconduct and seeks compensation through civil litigation. In this article, we provide an overview of the new personal injury statute of limitations in Florida as of 2023 and discuss why it is so important for personal injury victims to understand and act within the legal time limits.

If you have been injured in an accident and are considering pursuing legal action, the new personal injury statute of limitations in Florida is something you should be aware of. It is important to act sooner rather than later in order to protect your rights and maximize your chances for a successful recovery.

Taking prompt action can be critical for your case. Don’t wait – contact the personal injury lawyers of Herman & Wells today!

A Floridian involved in a motorcycle accident fills out their injury claim form.

The Cliff Notes: Key Takeaways From This Post

  • 1
    Florida recently enacted a revised statute of limitations for personal injury cases, reducing the time from four to two years from the date of the incident.
  • 2
    This new law has potentially far-reaching negative impacts on Floridian victims by limiting their time for discovery/investigation and leaving them at risk of premature settlements.
  • 3
    It is critical for Florida personal injury claimants to understand their rights and promptly seek legal representation and advice to protect their interests.
  • 4
    Contact Herman & Wells, a top personal injury law firm in Florida, if you have an injury claim – we will provide the legal guidance you need and ensure your rights are protected.

Understanding Statutes Of Limitations In Florida

A statute of limitations is a law that sets forth the time period within which an individual must file a claim for personal injury compensation. The intention is to incentivize potential plaintiffs to pursue their claims in a timely manner while protecting defendants from being exposed indefinitely to liability.

In Florida, lawsuits for personal injury are subject to a two-year statute of limitations. This is significantly shorter than many other states, including California and Texas, which have statutes of four years for general negligence cases. Similarly, the District of Columbia has a three year limit on personal injury suits.

The New Personal Injury Statute Of Limitations In Florida

In March 2023, Governor Ron DeSantis signed House Bill (HB) 837 into law, significantly impacting the statute of limitations in Florida. Under this new law, any personal injury cases brought forward must do so within two years from the date of the incident or they will be barred permanently. This has caused a considerable reduction to the statute of limitations in the state, as it used to be four years.

Negative Effects Of The Updated Statute Of Limitations For Floridians

An attorney can help by first investigating the accident to determine what happened and who was at fault. This involves reviewing police reports, medical records, witness statements, photographs, and other evidence related to the accident. In some cases, it may even be necessary to visit the scene of the accident or interview parties involved in order to gain more insight into how the incident occurred.

Navigating Florida’s Insurance System And Laws

The new statute of limitations is highly restrictive and limits the rights of victims:

Limited Time For Discovery And Investigation

The shorter statute of limitations means that victims have less time to determine the full extent of their injuries/damages, collect evidence and investigate the conduct of the negligent party. This could mean that some injured individuals may be unable to file a lawsuit within this new time frame, impeding their pursuit of justice and compensation.

Restricted Opportunity To Secure Legal Representation

The new law disproportionately affects those who are less fortunate, as they may not have access to legal representation and knowledge of their rights. This could prevent them from filing a claim within the allotted time frame and consequently, deny them any financial compensation.

Inadequate Time For Recovery

The new statute of limitations requires individuals to act quickly and file a claim for compensation before they have even recovered from their injuries and assessed the full extent of damages sustained. This poses an additional burden on those who are already vulnerable and struggling with physical and emotional trauma, as they may not be in a position to make informed decisions or take action within a short period of time. As a result, this law could result in some deserving individuals feeling rushed and being unable to present a solid case.

Increased Risk Of Premature Settlements

With the shortened statute of limitations, Florida claimants could be tempted to accept quick, lower settlements than they are entitled to. This means insufficient funds to cover injuries, pain,