Two states changed their injury deadlines recently: what to know

Why these two changes matter

Injury deadlines do not change often. When they do, old information stays online for years. If you read a page written before these laws, you could get the wrong number, and in Florida the wrong number could cost you your right to sue.

One state gave people more time. The other took time away. Both changes depend on when the claim came about, so two people hurt in the same state can have different deadlines.

What changed in Louisiana?

Louisiana law now says delictual actions are subject to a liberative prescription of two years.⁵ In plain words, 'delictual actions' are tort claims, such as most claims for injuries from someone else's fault, and 'prescription' is Louisiana's word for a time limit to sue.

The change came through 2024 Act No. 423. The digest of the bill describes it simply: it changes prescriptive periods for tort actions from one year to two years.¹ The two-year period runs from the day that injury or damage is sustained.⁷

It only looks forward. The act became effective on July 1, 2024,² and it applies to delictual actions arising after that effective date.⁸ So if you were hurt before that date, do not assume you got an extra year. The older one-year period may still control.

What about wrongful death in Louisiana?

Wrongful death has its own rule, and it is not the same as an injury claim. Louisiana's article says the right of action prescribes one year from the death or two years from the day the injury or damage is sustained, whichever is longer.⁹ If someone in your family died after an injury, read this rule closely, or get help reading it.

What changed in Florida?

Florida's statute now lists an action founded on negligence among those to be brought within two years.⁶ That change came from the 2023 law known as HB 837.¹⁰ The Florida Senate's summary says the law reduced the statute of limitations for general negligence cases from four years to two.³

This one also looks forward. A Florida House analysis says the change applies to causes of action accruing after the effective date of the bill.¹¹ The Senate summary says these provisions were approved by the Governor and took effect on March 24, 2023.⁴ Most ordinary car crash claims are negligence claims, so this matters to a lot of Floridians.

Wrongful death is two years in Florida as well.¹² Claims against the state or a local government add a separate requirement: a written claim to the Department of Financial Services within three years after the claim accrues.¹³ That written claim is not a substitute for your deadline to sue, so check both.

How do I know which rule applies to me?

1. Write down the exact date you were hurt.
2. Louisiana: was it after July 1, 2024? If so, the two-year rule appears to apply to a tort claim.⁸
3. Florida: did your negligence claim accrue after March 24, 2023? If so, the two-year rule appears to apply.¹¹
4. If your injury was before those dates, assume the shorter or older rule might apply until someone checks.
5. If the crash involved a government vehicle or a public road, look for special rules right away.
6. Check other exceptions. Some cases, such as medical claims or claims involving minors, can follow different rules.

Why old articles can mislead you

Search results are full of older pages. A page may say Louisiana gives you one year, which was true for older claims and may scare you into thinking your time is up. A page may say Florida gives you four years, which could make you wait too long. Even the statute numbers moved. The 2023 Florida law listed negligence in one subsection, and the current statute lists it in another.⁶¹⁰ When you read about a deadline, look for the date the page was last checked and a link to the actual law.

What to do now

Do not rely on memory or on what a friend was told a few years ago. Look at the law as it stands today and the date your injury happened. If you are close to a deadline, or if you cannot tell which rule applies, talk to a lawyer licensed in that state soon.

This post covers only what we could confirm from official text as of November 8, 2026. It does not cover every kind of claim. Other states have changed their deadlines too, and laws can change again.

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