Statute Of Limitations Explained

Mishaps happen all the time. Whatever the circumstances may be, if you suffered injuries as a result of a hazard or an accident caused by another party, you can recover damages by filing a legal claim.

It comes with a catch, however. 

According to Florida legislatures, there is a time limit, more commonly known as a statute of limitations, within which an injured plaintiff has to file a claim against an individual, a company, or a government entity. 

To ensure you don’t miss this crucial deadline, you need to be aware of all the details relating to the Florida Statute of limitations personal injury, as well as limitations for other types of cases.

What does the statute of limitations depend on?

The amount of time allotted for filing a legal action varies from state to state, and between different types of cases. For example, Florida statute of limitations personal injury will be slightly different from the one in a product liability case.

Is there any leeway the courts offer for missing the deadline?

Sadly, no. If you fail to file a suit within a specified limit, you may lose the right to file a lawsuit against that party indeffinetly. This means you’ll have no recourse of recovering damages such as missed wages or medical expenses.

Many of our clients ask why there are different rules regarding the statute of limitations. In simple terms, it all boils down to whether your accident has the element of negligence. If your injury was caused by someone else's carelessness, the statute of limitation will typically be four years. 

On the other hand, if there’s no element of negligence, such as in the case of workers comp’, the statute of limitations will be two years. 

There are exceptions like the aforementioned product liability cases. These injuries happen as a result of using a defective product and the statute of limitations may be either four or two years, depending on the circumstances.

With that out of the way, let’s take a look at each of the case types in a bit more detail.

Florida statute of limitations personal injury

Since these cases have the elements of negligence, Florida statute of limitations personal injury cases will be four years from the date of the incident or accident.

These rules are put in place so that the parties in the case resolve the issues in a timely fashion. Additionally, this means that litigators in personal injury cases won’t have to get involved in cases that happened a long time ago. Just imagine collecting evidence for a slip-and-fall case that happened ten years ago. Jeez.

Florida statute of limitations vehicle accidents

There are different types of vehicle accidents, from car to pedestrian-related ones. Nevertheless, the same timing applies as to Florida statute of limitations personal injury - four years.

Unfortunately, even though four years is usually enough, many victims injured in vehicle accidents aren’t aware of the statute of limitations as they’re too busy dealing with the traumatic event. They also tend to be involved in negotiations with the insurance company and are simply taking their time to heal. 

We’ve seen many cases in which a person’s injury worsened and they were unable to recover compensation because the statute of limitations has passed.

This is why you should contact a car accident lawyer as soon as possible. Getting legal representation early on isn’t only useful for filing a lawsuit against the other party. A good lawyer can help you accurately document the damage and recover a favorable settlement from your insurance company before even filing a personal injury claim.

Florida statute of limitations medical malpractice

Medical malpractice occurs whenever a medical professional causes an injury to a patient during a procedure. This can take many forms such as an MRI burn, a surgeon leaving a foreign object inside a patient, and a fire occurring at the hospital while a patient is under anesthesia.

When compared to the Florida statute of limitations personal injury cases, the filing window in medical malpractice is shorter - two years from the date of discovery of the injury or incident. 

Florida statute of limitations wrongful death

Wrongful death occurs when the actions of an individual contributed to injuries that eventually resulted in death. These cases are complicated since the injury in question could have happened months before the person passed away. 

This is reflected in the statutes of limitations for wrongful death. While the deadline for filing a suit is two years, it kicks in on the date of the death of the person. In other words, the statute of limitations is significantly extended to allow the loved ones to recover damages. 

Florida statute of limitations for claims against the government

Sometimes a government entity is liable for the damages, most commonly in car accidents that were caused by a road hazard. Since the government is in charge of maintaining the roads, you can file a claim against the entity in charge.

The statute of limitations, in this case, is a little bit different.

In Florida, you must first notify in writing the Department of Financial Services and the government agency responsible for the accident within three years of the incident. You’re not allowed to file a suit until 180 days have passed and the investigation is over. 

If the agency denies your claim, you are free to file a lawsuit within three years of the injury, or two years if the injury resulted in wrongful death.

If you ever need a helping hand

Injury is not to be taken lightly and filing a lawsuit is sometimes the only way to recover compensation for what you suffered. Nevertheless, lawsuits are typically time-sensitive matters. Even if the Florida statute of limitations personal injury seems lengthy, you should still act quickly.

Why?

The longer you wait, the proving liability is going to be significantly harder and you’ll have to wait longer to receive your settlement.

If you need a lawyer who is on your side from the beginning to the end, contact the Law Offices of RITE. We are one of the top personal injury law firms around, with decades of experience and countless successful cases that prove just how good we are.

Call (904) 500-RITE (7483) or send a message to info@rite4justice.com to book a consultation so we can start working on your case ASAP.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.