Personal Injury Statute Of Limitations In Florida

An individual injured as a result of a hazard or an accident caused by a third party has the right to file a legal claim to receive compensation. However, there is a time limit when filing a claim - the statute of limitations. 

In Florida, just like in other states, the personal injury statute of limitations may be complex to grasp as it all depends on the type of the case and other factors.

Fret not, because today we’ll help you understand the personal injury statute of limitations.

How Long Can You Wait Before Filing A Personal Injury Claim?

This is not quite clear-cut because the personal injury statute of limitations depends on whether the case is based on negligence. 

If the other party’s negligence led to your injury, the statute of limitations is four years. This usually applies to cases such as:

1. Vehicle accidents

2. Premises liability (injuries that occur on someone else's property)

3. Wrongful death

On the other hand, for cases not based on negligence, the personal injury statute of limitations will be two years. Some examples include:

1. Assault and battery

2. Workers’ compensation

3. Medical malpractice

There are exceptions to this rule. For instance, product liability cases (injuries that happen due to a defective product) can have a statute of limitations of either 4 or 2 years, depending on the circumstances.

When Does The Statute Of Limitations Begin?

Typically the clock starts on the date of the injury. This means that those who file a claim after the personal injury statute of limitations period has expired lose their legal right to file a lawsuit.

While that seems straightforward, this rule gets more complicated in situations in which the plaintiff wasn’t aware of their injury long after the date of the incident. This is quite common in assault, medical malpractice, and sexual abuse cases. 

Thankfully, if the plaintiff discovers their injury in a reasonable time frame, the court may determine that the personal injury statute of limitations should start on the date of the discovery. 

Additionally, in some instances, the court may pause (toll) the statute of limitations if the case cannot move forward due to events outside of the control of the plaintiff. For instance, the other party (defendant) may have fled the jurisdiction, the government institution could have been closed to a natural disaster (common in Florida), or the plaintiff may have become temporarily incapacitated.

Statute Of Limitations For Different Types Of Cases

Now that we’ve covered the basics, we can delve deeper into the intricacies of each type of personal injury case and exceptions to the regular time frame.

1. Medical malpractice

These cases are usually quite complex, and many different variables may influence the statute of limitations. Typically, you can file a claim within two years, but if you haven’t discovered the injury within that period, the court may extend the statute of limitations. 

For instance, cases in which a surgical team leaves a medical instrument inside a patient are eerily common. The patient may not even discover the instrument until later and when that happens, the clock may start on the day of the discovery.

2. Wrongful death

This term applies to cases when someone else’s negligence contributed to injuries that caused a different person’s death. Since the fatal injury could have happened months before, the death and statutes of limitation must reflect this fact.

In Florida, the personal injury statute of limitations will be two years. Nevertheless, it begins on the date of the person’s death. That way, the family has a larger legal time frame to seek damages and prove that the injury has caused death.

3. Product liability

If a defective product caused an injury, the statute of limitations is four years from the date of the incident.

Furthermore, if the injury resulted in wrongful death, the time frame is shortened to two years.

4. Claims Against Government Entities

Sometimes, a plaintiff may file a lawsuit against a government entity. For instance, this may happen due to traffic collisions in which the road hazard created by the government caused the accident. 

If this is the case, a different set of laws will apply.

The plaintiff must first notify the state agency liable for the accident and the Department of Financial Services in writing. This has to be done within three years of the incident and the plaintiff cannot file a lawsuit until the 180-day investigation period is over - unless the claim is formally denied. 

If it’s denied, the plaintiff must file a personal injury suit within three years of the date of the injury. If the injury resulted in death, the lawsuit has to be filed within two years.

5. Sexual abuse cases

Since awareness about sexual abuse cases has increased in recent years, many states, including Florida have decided that the best course of action is to extend the personal injury statutes of limitations for this type of case.

For minors (persons under the age of 16), the statute of limitations will be indefinite. If the victim turns 18, the time limit will be seven years. Once the victim of sexual abuse is no longer dependent on the other party, the statute of limitations will be 4 years.

Hiring a Personal Injury Lawyer

If you or a loved one was injured and you’re planning on filing a lawsuit, you shouldn’t lose any time. While in most cases the statute of limitations is quite lengthy, the longer you wait, the harder it will be to prove liability.

In addition, by filing a lawsuit as soon as possible, the sooner you will receive your settlement. It’s also important to consider the fact that these types of events are stressful, so the faster you get it over with, the faster you can move on with your life. 

When considering who to hire as your lawyer, you should choose only the best legal representation available. Law Offices of RITE is your best choice. 

We’ve won countless cases for our clients, and we can prove the negligence of the opposing party and help you acquire the highest settlement possible. What’s even better is that we work on a contingency basis, meaning we’ll only get paid once we win your case.

Call (904) 500-RITE (7483) or send a message to info@rite4justice.com - we’ll gladly take a look at your case and help clear up any confusion.