Florida's two-year deadline for injury lawsuits after HB 837: what Palm Beach County residents need to know

For decades, Floridians hurt in a crash or a fall had four years to file a lawsuit. That changed in March 2023. House Bill 837, a broad tort reform law, cut the general deadline for negligence cases in half, and many people in Palm Beach County still have not heard. Some find out only when an insurance adjuster stops returning their calls a few weeks before the second anniversary of the injury.

What exactly changed in March 2023?

HB 837 became law as chapter 2023-15, Laws of Florida, and took effect on March 24, 2023. Among other changes, it amended the statute of limitations in Fla. Stat. § 95.11. Today, an action “founded on negligence” must be commenced within two years (Fla. Stat. § 95.11(5)(a)). Before the change, the same claim had four years.

The new period applies to causes of action that accrued after the law’s effective date. In an ordinary injury case, the cause of action accrues on the day of the injury. So the dividing line is the date you were hurt, not the date you hired a lawyer or the date the insurance claim was opened.

Which deadline applies to my case?

Date and type of claim	General filing deadline	Source
Negligence injury (car crash, fall, dog bite) on or after March 24, 2023	2 years from the injury	Fla. Stat. § 95.11(5)(a)
Negligence injury before March 24, 2023	4 years from the injury	Prior § 95.11; ch. 2023-15
Wrongful death	2 years from the date of death	Fla. Stat. § 95.11(5)(e)
Medical malpractice	2 years from discovery, with an outer limit (statute of repose)	Fla. Stat. § 95.11(5)(c)
Claim against a city, county or state agency	Written notice within 3 years; lawsuit within 4 years	Fla. Stat. § 768.28(6)(a), (14)

The table covers the general rules. Exceptions exist, and the facts of a specific case can change the analysis.

What if my crash happened right around the change?

People hurt in late 2022 or early 2023 should be especially careful. A crash on the Turnpike near Boynton Beach in February 2023 still has the four-year period, which runs out in February 2027. A crash a few weeks later, on or after March 24, 2023, had two years, which means that deadline has already passed. If you are not certain of the exact date, the crash report will show it, and reports can be requested through the Florida Crash Portal.

Does the clock ever pause or start later?

Sometimes, but people should not count on it. Florida’s tolling statute, Fla. Stat. § 95.051, lists specific circumstances that can pause the period, and courts apply that list narrowly. Medical malpractice is measured from when the injury was discovered or should have been discovered, but it also has a statute of repose that cuts off claims after a fixed time regardless of discovery. Medical malpractice cases also require a pre-suit investigation and notice process under chapter 766 before filing, which takes time of its own.

Government claims are a special case. If a Palm Tran bus, a West Palm Beach city vehicle or a sheriff’s patrol car was involved, a written notice of claim must be presented to the agency within three years (and to the Florida Department of Financial Services when the state is involved), the agency then has six months to respond, and the lawsuit must be filed within four years (Fla. Stat. § 768.28(6), (14)). Those steps run on their own schedule.

What other claims follow different rules?

A few categories come up often in Palm Beach County:

• Uninsured motorist claims against your own insurer can be governed by a different, contract-based deadline, but policies impose prompt-notice requirements that apply much sooner.
• Boating injuries on the Lake Worth Lagoon, the Intracoastal or the inlets may be governed by federal maritime law, which has its own limitations period. Until that question is answered, treat the shorter deadline as the one that controls.
• Cruise injuries on ships sailing from the Port of Palm Beach are usually controlled by the passenger ticket, which federal law allows to require written notice within six months and suit within one year.

Why shouldn’t I wait until month 23?

Because the lawsuit deadline is the last step, not the first. Before filing, a lawyer needs the crash or incident report, medical records and bills, wage documentation, insurance policies, and enough evidence to prove what happened. Video from stores and intersections is often overwritten within weeks. Witnesses move. Florida’s Personal Injury Protection rule, which requires initial treatment within 14 days of a crash (Fla. Stat. § 627.736(1)(a)), expires almost immediately.

Insurers also know the calendar. An adjuster who sees a deadline approaching has little reason to make a fair offer, because a claimant who has not filed suit loses the claim on the deadline date. Filing on time keeps that pressure on the right side.

Lawsuits for injuries in Palm Beach County are typically filed in the Fifteenth Judicial Circuit, whose main courthouse is at 205 N. Dixie Highway in West Palm Beach, with branch courthouses in Delray Beach and Palm Beach Gardens. Some cases belong in federal court, the Southern District of Florida, which sits in the Paul G. Rogers Federal Building on Clematis Street.

Find out your deadline

Wolfson & Leon has represented injured people since 1963. If you are not sure which deadline applies to you, call 561-782-1585 and we will review the dates with you. Our West Palm Beach office meets by appointment, and the consultation is free, in English or Spanish. If we take your case, the contingency fee percentage is explained in writing before you sign, and the firm advances the case costs.