Cornish Hernandez Gonzalez, PLLC (CHG Law) is defined as a bilingual personal injury law firm located at 2525 Ponce de Leon Blvd, Coral Gables, FL 33134, serving injured clients throughout Miami-Dade County in both English and Spanish. CHG Law’s practice areas include catastrophic injury, traumatic brain injury, spinal cord injury, car accidents, and wrongful death — and the firm’s attorneys include former Miami-Dade Public Defenders with deep knowledge of Florida civil litigation.
If you were hurt in an accident in Florida, you have a strict legal deadline to file a lawsuit. Miss it, and you lose your right to compensation — permanently. No exceptions, no second chances.
In Florida, the statute of limitations for personal injury claims is two years from the date of the injury, as established by Florida Statute 95.11 following the 2023 tort reform law HB 837. This is one of the most important legal deadlines in the state, and most injured people don’t know it has changed.
This guide explains exactly how the deadline works, when it starts, what can pause it, and why waiting even a few months can put your entire case at risk.
What Is the Statute of Limitations for Personal Injury in Florida?
The Florida statute of limitations for personal injury is defined as the maximum period of time a person has to file a civil lawsuit after being injured due to someone else’s negligence. Under Florida Statute Section 95.11(3)(a), that window is two years.
This two-year rule applies to most personal injury cases in Florida, including:
- Car and truck accidents
- Slip and fall accidents
- Motorcycle accidents
- Premises liability claims
- Dog bite injuries
- Negligent security cases
If you do not file your lawsuit within two years of the date of your injury, Florida courts will almost certainly dismiss your case. The at-fault party’s attorney will file a motion to dismiss based on the expired statute of limitations, and the judge will grant it. Your claim is gone.
How Florida’s 2023 Tort Reform Changed the Filing Deadline
Florida reduced its personal injury filing deadline from four years to two years on March 24, 2023, when HB 837 becomes a law. This was one of the most significant changes to Florida civil law in decades.
Before March 24, 2023, injured Floridians had four years to file a personal injury lawsuit. That changed overnight. If your injury occurred on or after March 24, 2023, you are subject to the two-year deadline. If your injury occurred before that date, the old four-year window may still apply depending on when the case was filed.
This distinction matters enormously. Many injured people — and even some attorneys unfamiliar with the change — still operate under the assumption that four years is the rule. It is not. At CHG Law, our attorneys are fully versed in the post-HB 837 landscape and counsel every client on exactly which deadline applies to their specific situation.
What Florida Statute 95.11 Says About Personal Injury Claims
Florida Statute 95.11 is defined as the Florida law that governs statutes of limitations for civil actions, including personal injury claims. Subsection 95.11(3)(a) specifically covers “actions founded on negligence” — which is the legal basis for virtually every personal injury lawsuit in the state.
The statute sets two years as the limitations period for negligence-based personal injury claims following HB 837’s amendment. It also intersects with Florida Statute 768.28, which governs claims against government entities, imposing an even shorter notice requirement with specific procedural steps before filing.
When Does the Two-Year Clock Start?
The two-year period does not always begin on the day of the accident. Understanding exactly when your clock starts is critical to protecting your right to sue.
Date of Injury: The Standard Rule
In most personal injury cases, the statute of limitations begins on the date the injury occurred — meaning the day of the accident, fall, or incident that caused your harm. If you were in a car accident on May 1, 2024, your deadline to file a lawsuit is May 1, 2026.
This sounds simple, but life gets complicated. Victims delay seeking legal help because they’re focused on medical recovery. Insurance companies run out the clock with settlement negotiations that go nowhere. Before you know it, you’re approaching your deadline with no case filed and no legal options left.
The Discovery Rule: When You Didn’t Know You Were Injured
Florida recognizes what is called the discovery rule, defined as a legal doctrine that delays the start of the statute of limitations until the injured person knew or reasonably should have known that they were injured and that the injury was caused by another party’s negligence.
The discovery rule most commonly applies in cases involving:
- Toxic exposure injuries where symptoms appear years later
- Medical malpractice involving misdiagnosis or delayed diagnosis
- Injuries sustained by minors that aren’t immediately apparent
- Latent injuries not visible on initial examination
Even with the discovery rule, Florida courts apply a strict analysis. The rule does not give you unlimited time — it simply shifts the start date. The two-year clock still runs from the point of discovery, not necessarily the point of injury.
Exceptions That Can Pause or Extend the Deadline
Florida law recognizes specific circumstances that can toll (pause) the statute of limitations. These are narrow exceptions, not loopholes, and they require precise legal handling.
Injured Minors and the Statute of Limitations
When the injured person is a minor (under 18 years old) at the time of the injury, Florida law generally tolls the statute of limitations until the minor turns 18. At that point, the two-year clock begins. However, this tolling provision does not apply in all case types — medical malpractice involving minors operates under separate rules — so legal consultation immediately after a child’s injury is strongly recommended.
Government Entity Claims: A Shorter Deadline Applies
If your personal injury claim is against a Florida government entity — such as Miami-Dade County, a state agency, or a municipality — Florida Statute 768.28 requires you to serve a formal notice of claim within three years of the injury. More critically, you must wait six months after serving that notice before filing a lawsuit, unless the agency denies the claim sooner. Missing this notice deadline can bar your claim entirely, independent of the general two-year statute of limitations.
Wrongful Death Claims in Florida
Wrongful death claims in Florida operate under a separate two-year statute of limitations running from the date of the deceased person’s death — not necessarily the date of the original injury. If a victim lived for several months after an accident before dying from their injuries, the wrongful death clock starts at the time of death, not the accident. Our wrongful death attorneys in Coral Gables handle these cases with the urgency and sensitivity families deserve.
What Happens If You Miss the Florida Personal Injury Deadline?
Missing the two-year deadline in Florida permanently bars an injured person from filing a lawsuit and recovering compensation, regardless of how serious the injury was. This is not a procedural technicality that can be waived or negotiated — it is an absolute legal bar.
When a lawsuit is filed after the statute of limitations has expired, the defense will file a motion to dismiss. Florida courts routinely grant these motions. The merits of your case — how badly you were hurt, how clear the negligence was, how significant your medical bills are — become completely irrelevant. The deadline controls everything.
This is why personal injury attorneys in Miami consistently tell clients: do not wait. The two-year window sounds long, but building a strong case takes time. Evidence disappears. Witnesses become harder to locate. Surveillance footage is overwritten. Medical records must be obtained and reviewed. The earlier you contact a lawyer, the more options your attorney has.
Worried your deadline may be approaching? Don’t guess
Why the Two-Year Deadline Makes Acting Fast Critical in Miami
Miami-Dade County personal injury cases come with their own urgency. South Florida accident scenes are high-traffic, high-volume environments. Traffic camera footage from FDOT or Miami-Dade County is typically retained for 30 days before being overwritten. Police reports from the Miami-Dade Police Department or Florida Highway Patrol must be formally requested and can take weeks. Medical facilities in Miami’s hospital system — Jackson Health System, Baptist Health, Nicklaus Children’s — maintain records under their own retention schedules.
The practical reality is that your two-year legal window shrinks quickly once you factor in investigation, evidence preservation, expert retention, demand letters, and pre-suit negotiations. Most experienced personal injury attorneys in Miami recommend contacting a lawyer within 30 days of an accident — not 23 months.
At Cornish Hernandez Gonzalez, our team begins building cases from day one. Our founding attorneys’ background as Miami-Dade Public Defenders means we know how to move fast inside the local legal system, preserve critical evidence, and file before deadlines approach. Hablamos español — we serve Miami’s Spanish-speaking community with the same urgency and dedication as every client we represent.
How CHG Law Helps Personal Injury Victims in Miami and Coral Gables
Cornish Hernandez Gonzalez, PLLC is a personal injury law firm defined by its commitment to catastrophic injury victims across Miami-Dade County. The firm’s attorneys have earned a 5.0-star rating across Google reviews by combining aggressive legal strategy with personal attention to every client’s situation.
CHG Law handles personal injury cases involving car accidents, truck accidents, traumatic brain injuries, spinal cord injuries, wrongful death, and catastrophic injury throughout Miami, Coral Gables, Hialeah, Doral, and the broader Miami-Dade region.
Frequently Asked Questions About Florida’s Personal Injury Statute of Limitations
How long do you have to file a personal injury lawsuit in Florida?
You have two years from the date of your injury to file a personal injury lawsuit in Florida. This deadline is set by Florida Statute 95.11(3)(a) and was reduced from four years to two years on March 24, 2023. Missing this deadline permanently eliminates your right to sue, regardless of how serious your injuries are.
What is the discovery rule in Florida personal injury cases?
The discovery rule in Florida is a legal doctrine that delays the start of the statute of limitations until the injured party knew or should have known about their injury and its cause. It most commonly applies in cases involving delayed-onset injuries, toxic exposure, or medical malpractice. Even under the discovery rule, the two-year clock still runs — it simply starts from a later date.
Does the statute of limitations apply differently to minors in Florida?
es. When the injured person is under 18 at the time of the accident, Florida law generally tolls the statute of limitations until the minor turns 18. This rule has exceptions — particularly in medical malpractice cases — so consulting an attorney at CHG Law immediately after a child’s injury is always the safest course.
What happens if I miss the personal injury filing deadline in Florida?
f you file a personal injury lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss and the court will almost certainly grant it. Your case will be dismissed regardless of how strong it is or how serious your injuries are. There is no appeal to fairness once the deadline has passed.
Why should I contact a personal injury lawyer immediately after an accident in Florida?
Even with two years to file, the practical window for building a strong case is much shorter. Traffic camera footage in Miami-Dade is typically overwritten within 30 days. Witnesses become harder to reach. Evidence degrades. Insurance companies use delay tactics. Contact our Miami personal injury team within 30 days of your accident to protect everything.
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 Coral Gables, 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.
