Florida’s tort reform in recent years significantly changed the landscape for personal injury claims, and one of the most important effects has been on deadlines. If you’ve been injured in Miami or anywhere in Florida, understanding the new time limits for filing a claim is critical—miss a deadline and you may lose the right to justice and compensation forever.
Before the reform, many injury claims in Florida were governed by a four-year statute of limitations. After reform measures that became effective in 2023, the general deadline for most personal injury suits is now two years from the date of injury. This shortened window was part of a broader set of changes aimed at addressing insurance and litigation concerns, but it places a heavier burden on injured people to act quickly.
There are important exceptions and nuances that complicate the rule. For example, medical malpractice cases, claims against government entities, or injuries that were not discovered immediately can trigger different time frames or tolling rules. In some cases the clock starts when the injury is discovered—commonly called the “discovery rule.” In other situations, special rules apply for minors or mentally incapacitated plaintiffs.
Key points to know about the new deadlines:
- Most personal injury claims: 2 years from date of injury.
- Discovery-type injuries: clock may begin when injury was reasonably discovered.
- Claims against government entities: require notice within short statutory windows (often 90 days to file a notice of claim).
- Minors: special rules may extend the filing deadline until a certain period after reaching majority.
- Wrongful death claims: separate deadlines may apply—act quickly to preserve rights.
Because these rules are technical and often unforgiving, early legal consultation is essential. Evidence disappears quickly—surveillance video is erased, witness memories fade, and vehicle repairs can remove key proof. The reduced statute of limitations makes preserving evidence and filing in time more urgent than ever.
At Jimenez Mazzitelli Mordes, we guide Miami clients through the post-reform legal maze. We immediately evaluate deadlines, preserve crucial evidence, and, when necessary, file timely claims or notices to protect your rights. Don’t assume “I’ll wait”—waiting can be the difference between recovery and denial.
If you’ve been hurt, call 305-548-8750 or reach us through our Miami contact page for a free consultation. We’ll explain which deadlines apply to your case and help you take the right next steps.