Florida’s Statute of Limitations for Personal Injury Cases
Introduction
If you have been injured due to someone else’s negligence in Florida, it is important to understand the statute of limitations—the legal time limit for filing a lawsuit. Failing to file within this deadline can result in losing your right to seek compensation, regardless of the severity of your injuries.
This guide explains Florida’s statute of limitations for personal injury cases, exceptions that may extend the deadline, and why acting quickly is crucial to building a strong case.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline that determines how long a person has to file a lawsuit after an injury or accident. The clock typically starts on the date of the incident or when the injury was discovered.
If a lawsuit is not filed within the statute of limitations, the court will likely dismiss the case, preventing the injured person from recovering damages.
Florida’s Statute of Limitations for Personal Injury Cases
The statute of limitations varies based on the type of personal injury case. Here are the most common deadlines:
General Personal Injury Claims
- Two years from the date of the injury
- Applies to car accidents, slip and fall injuries, and other negligence-based claims
Medical Malpractice
- Two years from the date of the malpractice or the date the injury was discovered
- Cannot be filed more than four years after the malpractice occurred, regardless of when the injury was discovered
Wrongful Death
- Two years from the date of death
- The deceased person’s family or estate can file a lawsuit for damages
Product Liability
- Two years from the date of injury caused by a defective product
- May extend if the injury was not immediately discovered
Claims Against the Government
- Three years for personal injury claims against a government entity
- A written notice of claim must be filed before suing
Sexual Abuse Cases
- No statute of limitations for child sexual abuse victims
- For adult victims, deadlines vary depending on when the abuse occurred and whether it was reported
Exceptions That May Extend the Statute of Limitations
There are a few circumstances in which the statute of limitations may be extended:
Delayed Discovery Rule
If an injury was not immediately apparent, the statute of limitations may begin when the victim discovers (or should have discovered) the injury. This is common in medical malpractice and toxic exposure cases.
Defendant Leaves the State
If the at-fault party leaves Florida before a lawsuit is filed, the statute of limitations may be paused until they return.
Legal Incapacity
If the injured person was a minor or mentally incapacitated at the time of the injury, the deadline may be extended. The statute of limitations typically begins once the person turns 18 or regains mental capacity.
Why Filing a Lawsuit Early Is Important
Even though the statute of limitations provides a deadline, waiting too long to file a claim can hurt your case. Filing early has several advantages:
- Stronger evidence: Witnesses’ memories fade over time, and physical evidence may be lost or destroyed.
- Faster financial recovery: Delaying legal action can postpone settlement negotiations, leaving you with unpaid medical bills.
- Negotiation leverage: Insurance companies may refuse to settle if they know you are running out of time to file a lawsuit.
What Happens If You Miss the Deadline?
If the statute of limitations expires before you file a lawsuit, the court will likely dismiss your case, meaning you will not be able to recover compensation. However, exceptions may apply, and consulting with a personal injury attorney can help determine whether you still have legal options.
How a Personal Injury Attorney Can Help
A personal injury attorney can:
- Ensure your lawsuit is filed on time
- Gather evidence and build a strong case
- Negotiate with insurance companies for fair compensation
- Argue for exceptions if the statute of limitations is close to expiring
At Bonderud Law, we have successfully represented personal injury victims and helped them recover maximum compensation. If you are unsure about your deadline for filing a lawsuit, contact us today for a free consultation.
Conclusion
Florida’s statute of limitations for personal injury cases is strict, and missing the deadline can result in losing your right to compensation. If you have been injured, it is crucial to act quickly, gather evidence, and consult with an experienced attorney as soon as possible.
If you or a loved one has suffered an injury due to someone else’s negligence, seeking legal representation now can help protect your rights and ensure your case is filed within the required timeframe.
