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How Long Do I Have to File a Personal Injury Claim in Florida?


Every state has its own deadlines for filing a lawsuit for a personal injury and the Sunshine State is no different. And if you are injured in one of the hundreds of thousands of accidents that occur in Florida every year, it is understandable why you’d want to begin a personal injury claim. After all, you may be able to pursue compensation related to a variety of unexpected expenses that are dependent on the circumstances of your injuries. Because Florida is a no-fault insurance state, you may even be able to pursue a claim if you were the only person involved in your accident.

Generally speaking, you have approximately four years to file a claim when you have incurred an applicable personal injury. Compensation may be awarded for:

  • Emergency medical care
  • Costs of prescription medicines
  • Hospital bills
  • Laboratory fees
  • Surgery costs
  • Therapy and rehab
  • Wages due to lost time from work
  • Pain and suffering

However, while you generally have four years to begin, it is important to understand that this is a general time frame that may not fit the specifics of your case. It is always best to begin pursuing a claim earlier rather than later, especially because you can damage the amount of compensation you receive or even your chances of being able to recover as a whole if you file your case too late.

What is a Statute of Limitations?

This term is just a fancy way of referring to the time limitations directed by Florida law. The law stipulates exactly how long you can wait before you file a claim against a negligent party whose behavior caused you to become injured. Long story short, you can preserve your right to have your case entertained before a court and hold the necessary parties accountable so long as you file the claim within the set limit. The reasons for time limitations are clear. This way:

  • Evidence is more easily obtainable that can support the case
  • Memories haven’t yet faded
  • From a public policy standpoint, the events leading to the case aren’t so remote that the negligent party wouldn’t expect to be held responsible

It is important to note that the time limitation starts running from the moment the accident happens. In addition, keep in mind that the sooner you take action, the more likely you will be to obtain the information and proof necessary to resolve your case. And unfortunately, not filing a claim in a timely fashion can make you lose out on succeeding in your case.

You Don’t Have to Figure Things Out Alone.

Personal injury claims can be complicated. If you’re not sure whether your injury falls within the statutory limitations set by Florida law, then you should consider contacting an experienced personal injury attorney as soon as possible. As the Orlando personal injury attorneys of the Pendas Law Firm, we have the experience and knowledge to examine the circumstances of your injury and advise you of the steps you should undertake next to help you preserve and maximize your rights. Contact us today to begin.

The Pendas Law Firm also represents clients in the West Palm Beach, Ocala, Tampa, Bradenton, Miami, Fort Lauderdale, Jacksonville, Fort Myers and Daytona Beach areas.


Read What Others Have To Say About Us

  • “I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
  • “This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...” - Orlando -

    Shantelle Blackwell
  • “I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...” - Tampa -

    Carlos Guadalupe
  • “The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!” - Fort Myers -

    Heather Pepper
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.” - Orlando -

    Ian Brito
  • “I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.” - Tampa -

    Wilmer D Santana Rodriguez
  • “5 stars for these guys! Hays Mathis got my case settled without going to court for a sum that dwarfed what the other guys were advising me to take. I highly recommend Hays not only because he does the work to get it done but he cares about the client and outcome as well!” - Jacksonville -

    Mike Reilly
  • “Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!” - Orlando -

    Ben Fitzgerald