Florida’s Statutes of Limitations: How Do They Affect Your Case?

When you’ve been injured or wronged, taking legal action might not be the first thing on your mind. Between medical bills, recovery, and getting your life back on track, it’s understandable if reaching out to an attorney feels like something you can put off. 

But in Florida, waiting too long could cost you your chance at justice. That’s because of something called the statute of limitations—a strict legal deadline that can make or break your case.

At Morgan & Morgan, we believe access to justice shouldn’t be limited by red tape or lack of awareness. That’s why we’re breaking down what Florida's statutes of limitations are, how they work, and most importantly, how they could affect your right to sue and recover compensation. 

If you’ve been harmed and are wondering whether it’s too late to file a claim, keep reading—or contact us today for a free case evaluation.

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum amount of time you have to initiate legal proceedings after an event occurs, such as an accident, injury, or breach of contract. These laws vary from state to state and by the type of case. 

Once the clock runs out, you may no longer be able to file a lawsuit—no matter how valid or severe your claim might be.

Florida’s statutes of limitations are particularly important because missing a deadline usually means losing your right to pursue compensation altogether.

Why Do Statutes of Limitations Exist?

Statutes of limitations are designed to:

• Preserve the integrity of evidence: The longer a case sits, the harder it becomes to locate witnesses, preserve documents, or collect accurate testimony.
• Protect defendants from indefinite threats of lawsuits: It’s a matter of fairness — people shouldn’t live under the constant threat of being sued for something that happened decades ago.
• Promote prompt resolution of disputes: These laws encourage people to come forward while events are still fresh and actionable.

Tolling: When the Clock Stops

In some cases, the statute of limitations may be "tolled," or paused. Common reasons include:

• The injured person is a minor: The clock usually doesn’t start until they turn 18.
• Mental incapacity: If the plaintiff is mentally unable to file, the deadline may be delayed.
• Fraud or concealment: If the defendant actively hid their wrongdoing, time may be extended.
• Discovery rule: In some cases (like medical malpractice), the clock starts when the injury is discovered not when it occurred.
  
   

What Happens if You Miss the Deadline?

If you try to file a lawsuit after the statute of limitations has expired, the defendant will almost certainly file a motion to dismiss, and the court will likely grant it.

In other words, you lose your legal right to sue. That’s why it’s so important to act fast and speak with an attorney who can help you meet all critical deadlines.

The Statute of Limitations and Insurance Claims

It’s important to understand that insurance deadlines are separate from legal ones. Insurance companies often require that claims be filed within days or weeks of an accident, especially in car crash or homeowners insurance cases.

Even if you’re not ready to file a lawsuit, you must notify your insurer quickly to avoid having your claim denied.

Real-Life Example: How Timing Affects Cases

Imagine you're injured in a car accident in Florida on April 1, 2023. You suffer neck and back injuries and start physical therapy but wait to take legal action. Under the updated 2-year statute of limitations, you must file a personal injury lawsuit by April 1, 2025.

But let’s say you wait until May 1, 2025—even by just one month. The court will likely dismiss your case regardless of the severity of your injuries, unless a rare tolling circumstance applies.

Why You Shouldn’t Wait to Speak With a Lawyer

Even though the law gives you a set time to file, waiting too long can still weaken your case. Here’s why:

• Evidence disappears, skid marks fade, security footage gets erased, and witnesses forget details.
• Witnesses move or become unreachable.
• Medical records may become harder to obtain.
• Insurance companies gain more leverage to deny or devalue your claim.
   

When you contact Morgan & Morgan early, we can investigate your case while evidence is fresh, preserve your rights, and make sure you never miss a deadline.

Don’t Let Time Run Out  – Contact Morgan & Morgan Today for Free

Waiting too long to file a claim can destroy your ability to hold someone accountable, even when your case is strong. That’s why it’s always best to consult with an experienced attorney as soon as possible after an injury or dispute. 

At Morgan & Morgan, we’re here to guide you through the process and fight for the compensation you deserve. As the nation’s largest personal injury law firm with offices in every state, our army of over 1,000 trial-ready attorneys have the expertise, experience, and knowledge of your state’s statute of limitations—no matter where you are.

We can:

• Calculate and track deadlines for your case
• File all required legal paperwork
• Negotiate with insurance companies on your behalf
• Take your case to trial if needed
• Work on a contingency fee basis, meaning you pay nothing upfront and we only get paid if you win

Don’t wait. Contact us today for a free, no-obligation case evaluation.