Florida’s 2-Year Personal Injury Deadline: What HB 837 Means
In March 2023, Florida enacted House Bill 837, it is a sweeping tort reform statute that among many changes cut the statute of limitations for negligence-based personal injury claims from four years to two years. This change dramatically narrows the window in which injured parties must file suit and places a premium on moving quickly after an accident. This affects most personal injury cases because most personal injury cases are based on negligence. For anyone hurt in Florida after March 24, 2023, that two-year deadline is now the rule, and missing it can be catastrophic to your case. In this post, we’ll explain exactly what HB 837 does, how the statute of limitations changed, what happens if you miss the deadline, what exceptions may apply, and why hiring a personal injury lawyer early is more important than ever.
What Is HB 837?
House Bill 837 (2023) is a Florida law passed as part of a broader tort reform package. To put it in simple terms a tort is civil wrong that harms another persona and/or causes them to suffer loss (not always physical). Among many changes to civil procedure, insurance law, and evidence rules, one of its most consequential provisions is the alteration of Florida Statutes § 95.11 to shorten the statute of limitations for “actions founded on negligence” from four years to two years. The law took effect immediately upon the governor’s signature on March 24, 2023, but it is carefully worded: it applies to causes of action accruing on or after that effective date.
In addition to the deadline change, HB 837 also imposes reforms to insurance bad faith standards, medical damages evidence, attorney fees, and transitions Florida’s negligence system from pure comparative negligence to a modified comparative negligence standard (i.e. a plaintiff more than 50% at fault cannot recover). But for this post, we’ll focus on the statute of limitations aspects.
How the Statute of Limitations Changed (4 years → 2 years)
Prior Rule: Four Years
Before HB 837, Florida law generally allowed four years from the date of injury (or “accrual”) to bring a negligence-based personal injury claim. Many plaintiffs (the party bringing the suit) had what seemed like ample time to evaluate damages, negotiate with insurance carriers, or delay legal steps while focusing on recovery.
New Rule: Two Years for Post-March 24, 2023 Accidents
Now, for any accident or negligent act occurring on or after March 24, 2023, the statute of limitations is two years. So if you were injured in a crash on, say, April 1, 2023, you must file your lawsuit by April 1, 2025 — no extensions by default.
Non-Retroactivity: Pre-2023 Injuries Still Under Four Years
HB 837 does not retroactively shorten the deadline for injuries occurring before its effective date. Thus, if your harm arose before March 24, 2023, you still fall under the old four-year rule. In other words, the new two-year limit does not apply to pre-law events. Many law firms emphasize this point in client advisories. That said, any cause of action that accrues after the effective date is subject to the two-year limit, even if some related events (diagnoses, injuries evolving over time) blur the lines.
Other Statutes That Remained or Were Treated Differently
Not all claims see their deadlines changed. For example:
Medical malpractice and wrongful death already had two-year limitations (or discovery rules) under existing statutes, and HB 837 harmonizes with those norms.
Product liability claims (especially for defective products) may still rely on a four-year statute of limitations or other applicable sections, depending on whether the claim is negligence-based or design/manufacture based.
Some actions tied to improvements of real property or construction may continue under older or longer statutes.
Because of these wrinkles, consulting a lawyer to identify which statute applies is crucial.
What Happens If You Miss the Deadline?
If you file your personal injury lawsuit after the applicable statute of limitations has expired, the consequences are dire: a court will almost certainly dismiss your case, and you lose your legal right to recover damages, period. Even if the defendant is clearly at fault and you have strong evidence, the legal bar of the statute operates as a jurisdictional cut-off.
Moreover, insurance companies and defendants will typically raise the statute of limitations as an early motion to dismiss. Once that defense is granted, you cannot revive the claim. In short: missing the deadline is fatal.
Because the new time frame is much shorter, the risk of missing it is higher — especially in cases where injuries or damages take time to fully manifest or be diagnosed.
Exceptions to the 2-Year Rule
Although the two-year limit is strict, Florida law does provide some exceptions or situations where the statute is tolled (paused) or deferred. These may allow you extra time in certain scenarios:
Minor (Child) Tolling
If the injured person is a minor under age 18, the statute typically is tolled until they reach the age of majority.Incapacity or Disability
If someone is legally incapacitated (e.g., due to mental or physical disability) at the time the cause accrues, the clock may be paused during their incapacity.Defendant Absent from Florida / Evading Service
If the defendant leaves the state or conceals their identity or location, the statute may not run while they are unreachable.Discovery Rule / Latent Injuries
In certain cases (most notably medical malpractice or latent injury cases), the statute may not begin until the harm is discovered and should reasonably have been known. However, this is more limited under the new regime, and many negligence actions still start at accrual.Contractual or Statutory Exceptions
Some special statutes or contractual rights may impose their own deadlines, which can take precedence. Also, statutes like those governing claims against municipalities or governments often have notice-of-claim rules and shorter timelines. In some cases a three-year or shorter period for suits against the government may still apply.
Because these exceptions are technical and fact-specific, it's essential to consult a lawyer to see whether any apply to your situation.
Why Hiring a PI Lawyer Early Matters
Given the compressed deadline and new complexities under HB 837, securing legal representation early is no longer optional — it’s critical. Here’s why:
Prompt evidence gathering: As time passes, witnesses’ memories fade, evidence is lost, surveillance video is overwritten, and records can vanish. A lawyer can act fast to preserve what’s needed.
Timely evaluation of injuries: Many injuries evolve (e.g. latent brain injuries, complications). An attorney helps ensure the full extent of harm is documented before your window expires.
Correct defendant identification: In many accidents, multiple parties may bear liability (e.g., driver, employer, manufacturer). Pinpointing all proper defendants before the deadline is essential.
Navigating procedural traps: Under HB 837, there are new procedural requirements, evidentiary rules, and limitations on damages and attorney’s fees. An experienced lawyer knows how to build your case under these new constraints.
Statute deadline check: A lawyer can help you confirm whether your case is governed by the new two-year rule or an older statute, and whether any tolling exceptions may apply.
Negotiation leverage: Insurance companies may push for lowball offers early, especially now that victims have less time to negotiate. Having legal counsel early helps you resist pressure and preserve leverage.
Avoiding dismissal: Many lower courts will entertain motions to dismiss based on the statute of limitations. A lawyer can structure the complaint properly and respond to motions to maximize your chance of surviving early challenges.
In short: the earlier you bring an attorney on board, the better your chance of protecting your rights under this new regime.
“Does HB 837 apply to my old case?
That question is common. Here’s a breakdown:
If your injury or cause of action accrued before March 24, 2023, then HB 837’s two-year rule does not apply, and you remain under the four-year statute of limitations.
However, if your case involves ongoing damage, delayed discovery, or a later manifestation of injury, there may be arguments about when the cause “accrued” and whether the two-year timing kicks in.
Also, if your claim was already filed or matured before HB 837’s effective date, then HB 837 cannot retroactively bar your suit.
Still, because HB 837 changed many related rules (e.g. damages rules, evidence limits), even pre-law cases may face new evidence or procedural hurdles where overlap exists.
Because these issues are highly case-specific, it’s wise to have legal counsel review your facts to determine whether HB 837 applies to your matter.
Florida’s new two-year statute of limitations under HB 837 marks one of the most significant changes to personal injury law in state history. If your injury occurred after March 24, 2023, you now have a far narrower window to file your claim. Missing this deadline means losing your right to compensation — even if liability is clear and damages are severe.
Don’t wait. You need timely legal advice and action to preserve your rights.
If you believe you may have a personal injury claim in Florida, Betancur Legal Group can evaluate your claim now. Contact us immediately for a free consultation so we can determine whether HB 837 affects your case and ensure your filing is timely.
