mmm / 07-24-2023 / Personal Injury

Understanding Florida’s New Statute of Limitations for Injury Claims

In the realm of personal injury law, time is often of the essence. Victims seeking justice for their injuries must adhere to strict legal time limits known as statutes of limitations. These deadlines determine the window within which a lawsuit can be filed. Victims may forfeit their right to recover compensation for their injuries if this critical time limit is missed. Recently, Florida made significant changes to its statute of limitations for personal injury claims, including reducing the time limit from four to two years. 

If you have been injured in an unexpected accident, an experienced personal injury lawyer can help you adhere to Florida’s new statute of limitations and pursue damages for the losses you have endured. The skilled attorneys at Wooten, Kimbrough, Damaso & Dennis have over 100 years of combined experience helping accident victims navigate Florida’s complex legal system. We can investigate your case and ensure you meet all filing deadlines as we fight for your right to the maximum compensation available. 


How Has Florida’s Statute of Limitations Changed in 2023?

On March 23rd, 2023, Florida’s new Tort Claims Act went into effect, making sweeping changes to how personal injury victims can pursue and obtain compensation for their losses. One of the most notable updates is the reduction of the statute of limitations for most personal injury claims. The statute of limitations for a typical claim used to be four years but was halved to only two. In other words, accident victims injured after March 23rd only have two years from the date of their accident to file a claim for compensation. If an accident victim does not file their claim within this time limit, they may lose their ability to recover damages for their losses. 

Although the statute of limitations imposes a strict deadline on accident victims, several exceptions may extend the deadline, including the following:

  • If the victim is under 18, the statute of limitations may be extended by seven years. If the victim is close to 18, the statute of limitations will not begin until their 18th birthday.
  • If the victim is mentally incapacitated, the statute of limitations will begin when their mental competence is restored. 
  • If the defendant fled the state or went into hiding before the victim was able to file a lawsuit, the statute of limitations will resume when they return to Florida or they are found by the authorities.

When you work with one of our seasoned personal injury lawyers, we can investigate your claim and advise you on how the new statute of limitations applies to your case. 


Why It Is Important to Contact an Attorney as Soon as Possible

While two years may seem like plenty of time to file a lawsuit and recover compensation, it is in your best interest to begin your case as soon as possible. Essential evidence may be lost or damaged over time, and witnesses to your accident may move away or forget details to support your case. When you contact an attorney soon after your accident, they can act quickly to help you pursue damages for your physical, emotional, and financial losses. 

Beginning your case early can give your attorney time to fully evaluate your claim to determine if any exceptional circumstances or legal complexities may cause delays. Additionally, it can allow extra time to address any delays the insurance company may cause to slow your case’s progress. Your attorney can help you navigate these complications and protect your right to the justice you deserve. 


Discuss Your Case With a Trusted Personal Injury Lawyer at Wooten, Kimbrough, Damaso & Dennis

At Wooten, Kimbrough, Damaso & Dennis, our attorneys understand the unique complexities of personal injury law and how Florida’s new Tort Reform Act will impact your case. We are dedicated to helping our clients understand their rights and legal options so they can make the most informed decisions possible about their futures. When you trust us with your case, you can expect us to fight fiercely for your rights and interests throughout every step of the legal process. 

To schedule a free consultation and learn more about how our trusted attorneys can help you, call us today at (407) 843-7060 or complete our contact form.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.