Paralysis Lawsuit Time Limit: How Long Do You Have to File?

How Long Do You Have to File a Paralysis Injury Lawsuit?

In Florida, you generally have two years to file a paralysis injury lawsuit for accidents that happened on or after March 24, 2023, under Fla. Stat. §95.11. Accidents before that date were often subject to a four-year limit. This is called the statute of limitations — the law that caps how long you have to sue. Miss it, and a court will almost always refuse to hear your case, no matter how severe the injury.

That two-year figure is Florida’s general negligence deadline. It is not a nationwide rule, and it does not apply to every claim type. Medical negligence, claims against a government agency, and out-of-state accidents can each run on a different clock — sometimes a much shorter one. Below, we explain how the clock works, what changes it, and how to protect your right to file.

This page is general information, not legal advice. Only a licensed attorney reviewing your facts can confirm your specific deadline.

Why the deadline carries so much weight after paralysis

For most families, a lawsuit is the only realistic way to fund a lifetime of care. That is why the deadline matters more here than in almost any other kind of case.

Spinal cord injuries that cause paraplegia (loss of function in the legs and lower body) or quadriplegia (loss of function in all four limbs) frequently bring permanent loss of movement and sensation, along with lifelong complications — pressure sores, respiratory problems, bladder and bowel changes, and blood-pressure instability — as the Mayo Clinic describes.

Physicians grade the severity of these injuries using the ASIA Impairment Scale (AIS), part of the International Standards for Neurological Classification of Spinal Cord Injury. An AIS “A” means a complete injury with no motor or sensory function below the injury level; grades B through E describe increasing degrees of preserved function. That classification directly shapes a person’s lifelong care needs and the value of their claim — which is exactly why it must be documented while the medical record is fresh.

National data on these injuries is tracked by the National Spinal Cord Injury Statistical Center (NSCISC), and the Christopher & Dana Reeve Foundation maintains prevalence figures on paralysis in the U.S. Care, equipment, home modifications, and lost income continue for the rest of a person’s life. Once the statute of limitations passes, the right to recover those costs is generally gone for good.

One point many people miss: even if you are still in the hospital or in rehab, the clock is usually already running.

When the clock usually starts

In most cases, the deadline starts on the date of the accident or injury. But there are important exceptions.

• The discovery rule. If you did not know — and could not reasonably have known — that you were hurt or what caused it, the clock may start later. This matters most in medical negligence, where a mistake may not surface for months.
• Wrongful death. When a catastrophic injury turns fatal, the deadline often runs from the date of death, not the date of injury.
• Multiple defendants. Different clocks can apply to different parties in the same event. One deadline might govern a trucking company; another, much shorter one might govern a government agency.

How the cause of the paralysis changes the deadline

The cause of your injury often decides which deadline applies.

Truck and vehicle crashes

Crashes generally fall under Florida’s two-year negligence deadline in Fla. Stat. §95.11. Trucking companies and their insurers begin building a defense within days of a crash, so early action matters.

Medical negligence

Medical negligence claims run on their own schedule under Fla. Stat. §95.11(4) — generally two years from when the injury was or should have been discovered, with an outer limit. Florida also requires a formal pre-suit investigation and notice before you can file. These steps are strict and easy to miss.

Injuries from a violent attack on someone else’s property

If you were assaulted, shot, robbed, or sexually assaulted on someone else’s property — and you were hurt because that property was not kept reasonably safe — you may have a claim against the property owner, separate from any claim against the attacker.

Picture an apartment complex with broken gate locks, a parking garage with burned-out lights and no working cameras, a hotel with no security after repeated incidents, or a bar, gas station, or store that ignored known dangers. When a lack of basic security lets a foreseeable attack happen, the owner may share responsibility. Lawyers call this negligent security (also known as inadequate-security premises liability). You can learn more on our negligent security page.

These claims typically follow Florida’s general negligence deadline, but the evidence — especially surveillance footage — can vanish in days.

Special situations that can shorten or pause your window

• Claims against a government body. If a city, county, state, or transit agency is responsible, Florida’s sovereign-immunity law, Fla. Stat. §768.28, generally requires written notice within 3 years and bars suit until the agency has had time to respond — with its own procedural traps. The full statute text is on Online Sunshine.
• Injured minors and incapacitated people. Deadlines may be adjusted for children or for people who cannot act for themselves.
• Tolling. A deadline can sometimes be paused (“tolled”) in narrow situations. Never assume this applies to you.

Why waiting hurts your case before the deadline even arrives

In the catastrophic cases our attorneys handle, the strongest proof often exists only in the first few weeks.

• Physical evidence disappears. Vehicles get repaired or scrapped. Security footage is frequently overwritten within days. Property owners repair broken locks and lighting — erasing the very conditions that prove the hazard.
• Witnesses fade. Memories blur, and people move or become hard to find.
• The other side moves first. Trucking companies and property owners begin defending the claim immediately.

Acting early gives your legal team time to preserve footage, document the ASIA classification of the injury, and secure records before they are gone.

Steps to protect your right to file

• Write down what happened while it is fresh, and keep every medical record, bill, and letter.
• Do not give recorded statements or sign insurance releases before getting legal advice.
• Ask an attorney to confirm the exact deadline for your state and claim type as soon as possible.

Also remember: Florida uses modified comparative negligence. Under Fla. Stat. §768.81, a person found more than 50% at fault generally recovers nothing — one more reason to build the case carefully and early.

Talk to a paralysis injury attorney before the clock runs out

CHG Personal Injury Lawyers focus on catastrophic, life-altering injuries, including paraplegia and quadriplegia, and we take cases nationwide. Our attorneys are licensed and admitted to The Florida Bar.

A free case evaluation can help you understand your deadline and options — no promises about the result, just clear answers. To learn more, visit our paralysis (paraplegia & quadriplegia) resource page.

Frequently asked questions