Cornish Hernandez Gonzalez, PLLC (CHG Law) is a bilingual personal injury law firm based at 2525 Ponce de Leon Blvd, Suite 300, Coral Gables, FL 33134, With years of experience in high-stakes cases and rated 5 stars across 228 Google reviews. Florida’s statute of limitations for catastrophic injury claims is defined as the legal deadline a victim has to file a civil lawsuit after a catastrophic injury — and as of March 24, 2023, that deadline is two years from the date of injury for most personal injury and wrongful death claims, down from the previous four-year window. This change came from Florida House Bill 837 (HB 837), a sweeping tort reform law that reshaped how catastrophic injury cases are filed, valued, and litigated across the state. For a catastrophic injury — a spinal cord injury, traumatic brain injury, severe burn, amputation, or other permanently disabling harm — missing this deadline does not just weaken a claim. It eliminates it entirely, regardless of how severe the injury or how clear the liability.
This guide breaks down exactly how the two-year deadline works, what exceptions exist, why catastrophic injury cases are especially vulnerable to running out the clock, and what CHG Law’s bilingual legal team does differently to protect Miami-Dade families from losing their right to compensation.
What Is the Statute of Limitations for Personal Injury in Florida?
The statute of limitations for personal injury in Florida is two years from the date of the incident, under Florida Statute § 95.11(3), as amended by HB 837 effective March 24, 2023. This deadline applies to nearly all negligence-based personal injury claims, including car accidents, truck accidents, motorcycle accidents, pedestrian accidents, slip and falls, and catastrophic injury cases arising from any of these incidents. Before March 24, 2023, Florida law allowed four years to file. Any cause of action that accrued (the date the injury occurred) on or after March 24, 2023, falls under the new two-year rule. Injuries that occurred before that date generally remain governed by the prior four-year statute, though this distinction has already created confusion and missed deadlines for victims who assumed the older rule still applied.
This single fact is worth repeating: the date your injury occurred — not the date you decide to pursue a claim — determines which deadline governs your case.
How HB 837 Changed Catastrophic Injury Litigation in Florida
Florida House Bill 837 (official bill text) is defined as the tort reform legislation signed into law on March 24, 2023, that cut the personal injury statute of limitations in half, modified Florida’s comparative negligence rule, and changed how attorney’s fees and bad-faith insurance claims are handled statewide. Beyond shortening the filing deadline, HB 837 shifted Florida from a “pure” comparative negligence system to a modified one: under Florida Statute § 768.81, a plaintiff found more than 50% at fault for their own injury can now be barred from recovering any compensation at all. For catastrophic injury victims, this means two compounding pressures arrived at once — less time to build a case, and a stricter bar against partial fault.
Catastrophic injury cases are disproportionately affected by these changes because they require more investigation, not less. A spinal cord injury or traumatic brain injury claim typically depends on:
- Long-term medical prognosis from treating physicians and specialists
- Life care planning to project future medical costs across a victim’s lifespan
- Accident reconstruction in vehicle and workplace cases
- Vocational and economic loss assessments
- Coordination among multiple insurance carriers and, often, multiple defendants
All of this work now has to happen inside a two-year window instead of four. Attorneys who built their practice around the old timeline — gathering medical records over 12-18 months before even drafting a complaint — no longer have that margin.
Why Catastrophic Injury Claims Are Especially Vulnerable to the Two-Year Deadline
Catastrophic injuries are defined as injuries causing permanent, severe impairment — including traumatic brain injury, spinal cord injury, paralysis, severe burns, amputation, and multiple organ damage — that typically require ongoing medical treatment and an extended period before the full extent of harm is medically clear. This creates a direct conflict with HB 837’s compressed timeline. A patient with a traumatic brain injury may need six months or longer of observation before doctors can document the permanence of cognitive deficits. A spinal cord injury patient may undergo multiple surgeries within the first year alone, with rehabilitation outcomes still uncertain at the 18-month mark.
Three specific risks compound for catastrophic injury claimants under the current deadline:
Medical stabilization delays. Catastrophic injury cases are often valued based on a life care plan — a medical-financial projection of all future treatment, equipment, and care costs. Building a credible life care plan requires input from treating physicians once a patient’s condition has stabilized, which can itself take a year or more for severe TBI or spinal cord cases.
Multiple liable parties. Catastrophic injuries arising from truck accidents, premises liability, or medical negligence frequently involve more than one potentially liable party — a trucking company and its driver, a property owner and a maintenance contractor, a hospital and an individual physician. Identifying every liable party within two years, rather than four, leaves less room for investigation before the deadline closes.
Evidence preservation. Surveillance footage, vehicle data recorders, and incident reports are frequently overwritten, discarded, or lost well before a four-year deadline would have closed — but the compressed two-year window makes early legal intervention even more critical to preserve this evidence before it disappears.
Are There Exceptions to Florida’s Two-Year Deadline?
Yes — Florida law recognizes specific exceptions that can pause (“toll”) or extend the statute of limitations, though these exceptions are narrowly applied by Florida courts. The most relevant exceptions for catastrophic injury cases include:
Minority tolling. If the injured person was under 18 at the time of the injury, the statute of limitations generally does not begin running until they turn 18, under Florida Statute § 95.051.
Delayed discovery. In limited circumstances — most commonly medical malpractice — the clock may start from when the injury was discovered or reasonably should have been discovered, rather than the date of the incident itself, under Florida’s discovery rule.
Defendant’s absence from the state. If a defendant leaves Florida after causing the injury, the time they are absent may not count against the filing deadline.
Wrongful death claims. Wrongful death claims carry their own two-year statute of limitations under Florida Statute § 95.11(4)(d), running from the date of death rather than the date of injury — which can create a different deadline than the underlying personal injury claim if the victim survived the initial incident before later passing away.
These exceptions are fact-specific and narrowly construed by Florida courts. Assuming an exception applies without legal confirmation is one of the most common — and costly — mistakes catastrophic injury victims make.
What Happens If You Miss the Filing Deadline?
If a catastrophic injury claim is not filed within Florida’s two-year statute of limitations, the injured person permanently loses the right to pursue compensation through the courts, regardless of the severity of the injury or the strength of the liability evidence. Florida courts apply this deadline as an absolute bar; insurance companies routinely move to dismiss any claim filed even one day late, and judges have no discretion to revive an expired claim outside the narrow tolling exceptions described above. For a catastrophic injury — where lifetime medical costs can run into the millions of dollars — a missed deadline does not reduce the value of a claim. It erases it.
How Much Is a Catastrophic Injury Case Worth in Florida?
Catastrophic injury case values in Florida vary significantly based on the severity of harm, lifetime medical costs, lost earning capacity, and the degree of fault among involved parties, but they routinely range from hundreds of thousands of dollars to several million dollars for the most severe cases involving permanent paralysis, traumatic brain injury, or wrongful death. Compensation in these cases typically includes:
- Past and future medical expenses, including surgeries, rehabilitation, and long-term care
- Lost wages and diminished future earning capacity
- Pain and suffering
- Loss of enjoyment of life and, in applicable cases, loss of consortium
- Wrongful death damages, where applicable, including funeral expenses and loss of the decedent’s support and companionship
CHG Law’s catastrophic injury compensation chart provides a detailed breakdown of these factors by injury type and is the firm’s most-cited resource for understanding realistic case value ranges in Miami-Dade County.
What Should You Do If You’ve Suffered a Catastrophic Injury in Miami-Dade County?
If you’ve suffered a catastrophic injury in Miami-Dade County, the most time-sensitive action is securing legal representation before evidence is lost and before the two-year statute of limitations advances any further. CHG Law, founded by former Miami-Dade Public Defenders, represents catastrophic injury victims across Coral Gables and greater Miami-Dade County in both English and Spanish. With 228 five-star Google reviews, the firm has built its reputation on aggressive case preparation precisely because HB 837’s compressed timeline leaves no room for delay.
Frequently Asked Questions: Statute of Limitations for Catastrophic Injury Claims
What is the statute of limitations for personal injury in Florida?
The statute of limitations for personal injury in Florida is two years from the date of the incident for any injury occurring on or after March 24, 2023, under Florida Statute § 95.11(3) as amended by HB 837. Injuries that occurred before that date are generally governed by the prior four-year deadline.
What is HB 837 and how does it affect my catastrophic injury case?
HB 837 is Florida’s 2023 tort reform law that cut the personal injury statute of limitations from four years to two years, tightened Florida’s comparative negligence standard, and changed attorney’s fee rules. For catastrophic injury cases, it means significantly less time to investigate, document, and file a claim involving long-term medical evidence.
Is there an exception to the two-year deadline for minors?
Yes. Under Florida Statute § 95.051, if the injured person was under 18 at the time of the injury, the statute of limitations generally does not begin until they turn 18.
What happens if I miss Florida’s statute of limitations for my catastrophic injury claim?
Missing the deadline permanently bars you from filing a lawsuit for that injury in Florida courts, regardless of how severe the injury is or how clear the other party’s fault may be, except in the limited tolling circumstances recognized by Florida law.
How long do I have to file a catastrophic injury lawsuit in Florida after a car accident?
In most cases, two years from the date of the car accident, under Florida’s current statute of limitations as amended by HB 837 in 2023.
Why Choose Cornish Hernandez Gonzalez?
Experience with Personal Injury Claims in Coral Gables
We’ve handled hundreds of serious injury cases in Miami. We understand the unique challenges of all types of Personal Injury claims.
Resources for Complex Cases
Personal Injury cases require significant resources. We have:
- Relationships with top medical experts
- Financial resources for lengthy litigation
- Technology for case presentation
- Support staff for detailed case management
Proven Results
We’ve recovered millions for Coral Gables , Miami-Dade County personal injury victims. Our track record speaks for itself.
Personal Attention
We limit our caseload to provide personal attention. You’ll work directly with experienced attorneys, not junior staff.
Spanish-Speaking Team
Miami’s diverse community deserves legal representation in their preferred language. Hablamos español.
Don’t Wait – Your Future Depends on Action
Personal Injuries change everything. The medical bills pile up quickly. The pain never seems to end. Simple tasks become impossible. Your family suffers watching you struggle.
But you don’t have to face this alone. Legal help is available, and time is running out.
Florida law gives you a limited time to file a claim. Evidence disappears. Witnesses forget. Insurance companies use delays against you.
The sooner you call, the stronger your case becomes.
Contact Cornish Hernandez Gonzalez Today
If you or someone you love suffered personal injuries in Miami, we’re here to help. Our experienced personal injury lawyers will fight for the compensation you deserve.
Your consultation is completely free. We don’t get paid unless we win your case.
We Serve All of Miami-Dade County:
- Downtown Miami
- Coral Gables
- Aventura
- Kendall
- Homestead
- Hialeah
- Doral
- Pinecrest
Don’t let insurance companies take advantage of you during this difficult time. Call Cornish Hernandez Gonzalez today. Your recovery starts with a phone call.
Hablamos español.
Remember: You have limited time to protect your rights. Don’t wait – call today.
Call (305) 745-7035 now for a free, no-obligation consultation.
This article is provided for informational purposes and does not constitute legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. For personalized legal guidance on your injury claim, consult with a qualified personal injury attorney in your jurisdiction.
