Florida’s 2-Year Statute of Limitations: The 2026 Car Accident Lawsuit Deadline

If you were injured in a car accident in Florida recently, you are operating under a strict new timeline. For decades, Florida law gave victims four years to file a lawsuit against a negligent driver. That is no longer true.

Due to the massive tort reform bill (House Bill 837) passed in 2023, the Statute of Limitations for general negligence claims—including car accidents—has been cut in half to just two years. As we move into 2026, this new deadline is catching thousands of accident victims off guard, barring them from compensation forever.

At Juan Burgos Law, we are seeing insurance companies use this shorter window to delay claims until time runs out. Here is what you need to know to protect your rights in 2026.

The New 2-Year Rule (Florida Statute § 95.11)

For any car accident that occurred on or after March 24, 2023, you have exactly two years from the date of the crash to file a civil lawsuit for personal injury.

Why You Cannot Afford to “Wait and See” in 2026

In the past, with a 4-year window, attorneys often advised clients to wait until they reached “Maximum Medical Improvement” (MMI) before filing suit. This ensured all medical costs were known. With a 2-year window, that luxury is gone.

The Reality of the 2026 Timeline:

• Months 1-6: Medical treatment and initial recovery.
• Months 6-12: Negotiations with insurance adjusters (who will stall).
• Months 12-18: If negotiations fail, we must prepare the lawsuit.
• Months 18-24: The “Danger Zone.” If suit isn’t filed, your claim expires.

If you wait 18 months to hire a lawyer, many firms will reject your case because there isn’t enough time to properly investigate and file before the deadline.

Exceptions to the Rule (They Are Rare)

While the 2-year rule is strict, there are limited exceptions where the clock might be “tolled” (paused):

• Minors: If the victim was under 18, the clock may be paused (though parents should act immediately).
• Incapacitation: If the accident left the victim mentally incapacitated and unable to manage their affairs.
• Defendant Flees: If the at-fault driver hides or leaves the state to avoid being served with the lawsuit.

Note: These are rare and difficult to prove. Never rely on an exception without a lawyer’s specific advice.

Wrongful Death vs. Injury Claims

It is important to distinguish between injury claims and death claims, though both now generally follow the 2-year mark:

• Personal Injury: 2 Years from the date of the accident.
• Wrongful Death: 2 Years from the date of the death (which might be weeks or months after the accident).

Don’t Let the Clock Run Out on Your Settlement

Insurance adjusters know the law better than you do. They may act friendly and promise a settlement just to drag the process past the 2-year mark. Once the deadline hits, they will stop returning your calls.

Juan Burgos Law tracks every deadline meticulously. We file lawsuits proactively to preserve your rights, even if we are still negotiating a settlement.