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Miami, Florida, generally gives 2 years from the date of the accident to file a personal injury claim. This statute of limitations is set by Florida law and applies to many types of injury cases, from car crashes to slip-and-fall injuries.
Because deadlines move quickly, many injured victims turn to a Miami personal injury attorney for guidance on protecting their rights and ensuring paperwork is filed correctly and on time.
While not every accident and injury has to go to trial, The Morgan Law Group will help you understand how to pursue compensation without missing the statute of limitations of personal injury claims in Miami.
Florida’s Statute of Limitations to File an Injury Claim
Florida’s statute of limitations sets the legal timeframe for pursuing a personal injury lawsuit. In 2023, the Florida Legislature amended Florida Statutes §95.11, reducing the deadline for general negligence claims from 4 years to 2 years.
This statute means:
- You must file a personal injury lawsuit with the Clerk of Courts in Miami-Dade County within 2 years of the date of the injury.
- If the 2-year period expires, a court will generally dismiss your claim, regardless of how strong your evidence may be.
Because the clock begins running on the date of the incident, individuals need to act promptly, especially if liability is disputed or if multiple parties may be involved, such as when pursuing compensation for a passenger suing after a car wreck.
Most Miami personal injury cases now fall under the revised 2-year limit, including:
- Car accidents
- Motorcycle accidents
- Truck wrecks
- Slip-and-fall injuries
- Premises liability accidents
- Dog bites
- Negligent security incidents
- Bicycle and pedestrian injuries
- Medical malpractice
- Wrongful death
Beyond meeting the legal requirement, filing early also improves the strength of your claim. Florida’s comparative negligence laws also encourage early filings so injured persons can gather the information needed to prove negligence in a personal injury claim.
Exceptions to the Deadline to File an Injury Claim
Although Florida enforces the two-year rule strictly, certain situations extend or “toll” the timeline to file a lawsuit. These exceptions are limited but important.
Claims Involving Minors
If the injured person is under 18, Florida law may extend the deadline. In many cases, minors have additional time because they legally can’t represent themselves in court. Parents or legal guardians may still bring the claim earlier, but the law recognizes that certain delays are unavoidable when a child is involved.
Delayed Discovery of Injury
Some injuries are not immediately apparent. Although rare in negligence cases, there are situations, such as exposure to harmful substances, where the injury manifests later. Florida may extend the deadline if the injured person could not reasonably have discovered their injuries right away.
Defendant Leaves the State
If the at-fault party leaves Florida for a prolonged period, the time they are absent may not count toward the statute of limitations. This prevents individuals from avoiding legal accountability by simply relocating.
Fraud or Concealment
If the responsible party intentionally conceals their role or hides critical information, the court may extend the deadline. However, the injured person must show that concealment prevented them from knowing they had a possible claim.
Cases Involving Government Agencies
When filing a claim against a city, county, or state agency, the rules differ. Under Florida Statutes §768.28, individuals must provide proper notice to the agency before filing a lawsuit.
The notice process requires:
- Written notice within three years of the incident, and
- A 180-day investigation period before filing suit.
Government-related cases follow a separate structure, so understanding the rules early is crucial.
Deadline to File an Injury Claim with Your Insurer
Florida injury cases typically begin with an insurance claim, especially after a motor-vehicle collision. These insurance deadlines differ from the statute of limitations for lawsuits and can be much shorter.
Under Florida’s no-fault rules, anyone injured in a car accident must seek treatment within 14 days to qualify for Personal Injury Protection (PIP) benefits. Missing that deadline can reduce or eliminate access to PIP coverage.
Once medical treatment begins, insurance companies often require a claim to be filed promptly. Although policies differ, deadlines may include:
- 24 hours to report the crash (depending on the policy)
- 30 days to submit certain forms or documentation
- Up to several months to finalize claim submission
Waiting too long gives the insurer an opportunity to argue the injury was unrelated to the accident or claim that you did not provide timely notice.
What if You Miss the Deadline to File an Injury Claim in Miami?
Some individuals wait because they assume their injury will heal without medical intervention. This often harms the claim more than they expect.
Missing the statute of limitations generally results in losing the legal right to pursue compensation. Florida courts rarely make exceptions unless the case meets a specific statutory tolling rule.
If the 2-year deadline passes:
- Courts almost always dismiss the lawsuit immediately.
- The at-fault party and their insurer are no longer required to negotiate or pay damages.
- You cannot compel the defendant to participate in mediation or settlement discussions.
Even when the facts clearly support your claim, missing the deadline ends the possibility of litigation.
Act Now if You’re Considering an Injury Claim in Miami
Understanding how long to make a claim after an accident in Miami is only one part of preserving your rights. Acting quickly helps secure evidence, strengthens your position during negotiations, and ensures compliance with Florida’s statutory structure.
If you suffered injuries due to someone else’s conduct, our Miami injury attorneys at The Morgan Law Group can guide you through each step and help you avoid procedural pitfalls that could threaten your claim.
Call us today at (305) 614-5235 or contact us using our online form for a free consultation about your personal injury claim at our office in Miami.
