For decades, Florida gave injured people four years to file a negligence lawsuit. Many riders still believe that is the rule. It is not. HB 837 cut the deadline in half for claims arising after March 24, 2023. Missing the deadline generally means losing the claim entirely, no matter how strong it is.
The General Rule: Two Years
Under section 95.11(4)(a) of the Florida Statutes, as amended by HB 837, a negligence action must generally be filed within two years. For a motorcycle crash, the clock usually starts on the date of the crash. Crashes that happened before March 24, 2023, remain subject to the prior four-year period.
Two years passes quickly. Medical treatment, recovery, and settlement negotiations can consume much of it. A lawsuit often needs to be prepared months before the deadline, not days.
Claims That Follow Different Rules
Claims Against Government Entities
When a city, county, or state agency is responsible, whether through a government vehicle or a dangerous road condition, section 768.28 applies. These claims require written pre-suit notice to the agency, and in many cases to the Department of Financial Services, before a lawsuit can be filed. Notice requirements and deadlines are strict, and the procedures differ from ordinary claims. A 2026 bill that would have changed these procedures and raised damages caps was vetoed, so the existing framework remains in place.
Wrongful Death
When a rider is killed, the personal representative of the estate brings the claim under Florida’s Wrongful Death Act. The limitations period is generally two years from the date of death.
UM Claims Against Your Own Insurer
A claim for uninsured motorist benefits arises under your insurance contract. Contract claims and UM claims have their own limitations rules, and your policy may contain notice requirements that apply much sooner. Do not assume the UM deadline matches the deadline for suing the driver.
Why Waiting Hurts Even Before the Deadline
The statute of limitations is the outer limit. Evidence disappears well before it. Business video is overwritten, vehicles are repaired or salvaged, and witnesses move or forget. In motorcycle cases, where fault is often disputed, early investigation can matter as much as the filing deadline itself.
Frequently Asked Questions
How long do I have to sue after a motorcycle accident in Florida?
For most negligence claims arising after March 24, 2023, two years from the date of the crash.
My crash happened in 2022. Which deadline applies?
Crashes before March 24, 2023, are generally governed by the prior four-year period, though any claim that old should be reviewed promptly.
Is the deadline different if a government vehicle hit me?
Yes. Claims against government entities require written pre-suit notice under section 768.28 and follow specific procedures and time limits.
Does settling with an insurer stop the clock?
Negotiations do not extend the statute of limitations. If a case is not resolved, a lawsuit must be filed before the deadline.
Working With Licznerski Law, PLLC
Licznerski Law, PLLC is a boutique personal injury and insurance law firm based in Oldsmar, serving riders throughout Hillsborough, Pinellas, Pasco, Hernando, Citrus, Sumter, and surrounding counties, and statewide. When you hire the firm, Alexander Licznerski handles your case personally. Your calls and questions go to your attorney, not a rotating case manager, and the firm keeps a selective caseload so each case gets real attention.
Motorcycle cases also draw on the firm’s insurance coverage and PIP litigation practice. Because riders have no PIP, finding every available source of coverage, including UM, medical payments, household policies, and responsible third parties, is often what determines whether a serious injury is fully compensated.
Motorcycle injury cases are handled on a contingency fee. The written fee agreement explains the percentage and how case costs are handled, including whether you could be responsible for any costs, before you sign anything.
A candid note on HB 837: The 2023 tort reform law changed several rules that matter to injured riders. It shortened the general negligence deadline to two years, adopted the rule that bars recovery for a plaintiff found more than 50% at fault, changed how medical expenses are proven at trial, and eliminated the automatic attorney’s fee award that once applied when an insured successfully sued their own auto insurer. Those changes make early investigation and realistic case evaluation more important, and the firm will tell you plainly how they apply to your situation.
Talk to Your Attorney Directly
If you or someone in your family was hurt in a motorcycle crash anywhere in the Tampa Bay area, you can speak directly with attorney Alexander Licznerski about what happened and what options may be available.
Licznerski Law, PLLC | Oldsmar, Florida
Phone: 813-934-3519 | Web: licznerskilaw.com | Email: [email protected]
Boutique Representation. Real Results. Your Attorney, Not a Case Number.
This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.