A slip and fall might feel like a minor accident at first, but it can result in severe injuries, including broken bones, spine damage, or even traumatic brain injury. If someone else’s negligence caused your fall, you could pursue compensation. However, your ability to do so depends on the statute of limitations.
Understanding how this deadline works and why acting quickly matters is crucial to protecting your claim. Our Miami slip-and-fall lawyers explain what you need to know.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline for filing a lawsuit. It sets the maximum time to take legal action after an injury occurs. Once that deadline passes, you lose your right to sue, no matter how strong your case may be.
In Florida, the statute of limitations for most personal injury claims, including slip-and-fall accidents, is two years from the date of the injury. You have two years from when you were hurt to file a lawsuit against the property owner or other responsible party.
That means if you were injured on November 1, 2025, you have until November 1, 2027, to file your lawsuit.
This deadline was shortened in 2023 (previously, victims had four years to file). The change makes acting quickly after a fall more important; waiting too long to decide to file a claim can permanently bar you from recovering compensation.
Are There Any Exceptions?
While the two-year deadline applies in most cases, there are a few limited exceptions that can extend or pause (or “toll”) the statute of limitations:
- Injuries Involving Minors: If the victim is a minor, the statute of limitations may be paused, but Florida law places a maximum limit, typically no more than seven years from the incident date.
- Delayed Discovery: In rare cases, the clock might start later if an injury wasn’t immediately apparent.
- Defendant Concealment: The deadline might be extended if the property owner intentionally hides evidence or prevents you from discovering their negligence.
However, these exceptions are uncommon and often difficult to prove. In many cases, invoking them successfully requires legal action and supporting evidence, so speaking with an attorney as early as possible is important. Most slip-and-fall claims must follow the standard two-year rule, so you should never assume you have more time without first speaking to a lawyer.
Why You Shouldn’t Wait to Hire a Lawyer
Two years may sound like plenty of time, but waiting to take legal action can weaken your case.
Here’s why:
- Evidence Disappears: Video footage can be erased, witnesses can become harder to locate, and accident scenes may change. The sooner you hire a lawyer, the better chance they have to collect strong evidence before it’s gone.
- Insurance Delays Eat Up Time: Many victims spend months negotiating with insurance companies, believing they can settle without filing a lawsuit. If those talks fail and you’ve run out of time, you lose your right to sue.
- Memories Fade: The longer you wait, the less reliable witness statements and even your own recollection may become, making proving liability much harder.
Hiring an experienced Miami slip-and-fall lawyer as soon as possible ensures your case is built on solid evidence and filed before the deadline. Your attorney can handle negotiations, preserve critical evidence, and keep track of every legal requirement, so you don’t risk losing your claim on a technicality.
How a Lawyer Can Help
Proving a slip-and-fall case in Florida involves more than just showing you were hurt. You must demonstrate that the property owner knew, or should have known, about a dangerous condition on their property and failed to fix it or warn you about it.
A lawyer can:
- Investigate the incident and gather critical evidence (such as surveillance video, maintenance logs, and witness testimony).
- Work with experts to prove negligence and establish liability.
- Handle all communications and negotiations with the insurance company.
- File your lawsuit before the statute of limitations expires.
Most importantly, an attorney can help you pursue the full compensation you’re entitled to, including medical bills, lost income, and pain and suffering.
Don’t Wait — Protect Your Rights Today
Time is one of the most valuable assets in a slip-and-fall case. Missing the filing deadline can mean losing your chance to hold the negligent party accountable and receive the financial support you need for recovery.
If you’re unsure how much time you have left or whether you even have a case, don’t guess. Call Aigen Injury Law today for a free consultation to ensure your case is filed on time and your right to compensation is protected.