Timing is Everything: How Florida’s Statute of Limitations Impacts Your Naples Personal Injury Claim

When it comes to Naples personal injury claims, acting swiftly can make all the difference between securing rightful compensation and losing your opportunity to file a claim.

In Florida, the statute of limitations — essentially, the legal time frame you have to file a lawsuit — has undergone significant changes in recent years. As of March 2023, Florida law reduced the statute of limitations for most personal injury claims from four years to two years. For those who have been injured as a result of someone else’s carelessness or wrongdoing, that means it’s critically important to hire an experienced Naples personal injury attorney as soon as possible.

Understanding how the statute of limitations works and its potential impacts on your case can  help you avoid costly mistakes.

Florida’s Personal Injury Statute of Limitations

The statute of limitations sets a deadline for filing a lawsuit. Under Florida Statutes § 95.11(3)(a), most personal injury cases—such as car accidents, slip-and-falls, and other incidents stemming from negligence—must now be filed within two years of the date of the injury.

This recent change was part of a broader tort reform package aimed at addressing insurance-related concerns. The shorter time frame applies to incidents occurring on or after March 24, 2023, while claims for injuries that occurred before this date remain subject to the four-year limit.

Failing to file within the statute of limitations results in an automatic dismissal of your case. It doesn’t matter how strong your evidence may be. Courts are strict about these deadlines, and exceptions are rare.

Why Acting Fast is Essential

While two years might seem like plenty of time, it’s often not. Preparing a personal injury case involves many critical steps that require time and effort. Here’s why moving quickly to hire an attorney is essential:

• Evidence Gathering

  • Key evidence, such as surveillance footage, eyewitness statements, and physical evidence from the scene, can quickly deteriorate or disappear. The sooner your attorney begins investigating, the better chance you have of preserving crucial evidence to support your claim.

• Damage Assessment

  • Personal injury cases often involve complex calculations of damages, including medical bills, lost wages, future care needs, and pain and suffering. Your personal injury lawyer will need time to consult with medical experts, financial analysts, and other professionals to determine the full value of your claim.

• Negotiating With Insurance Companies

  • Before filing a lawsuit, your Naples personal injury attorney will attempt to negotiate with the at-fault party’s insurance company. Insurance adjusters often delay or deny valid claims, making it necessary to build a strong case backed by clear evidence. These negotiations take time, and a shorter statute of limitations compresses the timeline.

• Complaint Filing

  • If a fair settlement cannot be reached, your Naples personal injury attorney must draft and file a formal complaint in court. This document must adhere to strict legal standards and include detailed information about the accident, the at-fault party’s negligence, and the damages you are seeking.

Consequences of Waiting

Delaying action can jeopardize your case in a number of ways. Key evidence (documents, eyewitness memories, surveillance footage, physical evidence) can become lost or degraded over time. In cases that are complex, it may take more time to gather medical records, accident reports, or other evidence — which leaves less time for negotiation or filing. Also the later an attorney gets involved, the weaker of a position we may be when it comes to negotiations. If you fail to meet the statute of limitations deadline, it can leave you with no legal recourse at all.

Exceptions to the Statute of Limitations in Naples Personal Injury Cases

We don’t want to create a false sense of hope here because the reality is, exceptions to Florida’s statute of limitations are rare. That said, they do exist in certain situations. Those may include:

• Discovery rule. In cases where the injury wasn’t immediately apparent, the court may determine the clock starts ticking when the injury is discovered or should have been discovered, rather than when it actually occurred.
• Minor plaintiffs. If the person who was injured was a child, there is a possibility the statute of limitations could be extended until the child reaches the age of majority (18-years-old).
• Fraudulent concealment. If the defendant deliberately concealed their wrongdoing, the statute of limitations clock may be paused until the fraud is discovered.

Even in these cases, you should still act quickly to ensure your claim is preserved. An experienced Naples personal injury lawyer can help evaluate your case, preserve evidence, negotiation with insurers and make sure you meet legal deadlines.

If you have been injured in Naples, Fort Myers, Port Charlotte, Sarasota, Cape Coral, Key West, or anywhere in the state of Florida contact Garvin Injury Law at 800.977.7017 for a free consultation. 

Additional Resources:

Tolling or Suspending the Florida Statutes of Limitations Pursuant to Applicable Law, April 2018, By H. Michael Muniz, The Florida Bar Journal

More Blog Entries:

Proving Proximate Cause in a Fort Myers Personal Injury Claim, Aug. 28, 2024, Naples Personal Injury Lawyer Blog