What Is the Statute of Limitations in Florida?

The statute of limitations refers to the legal time frame in which a person can file a lawsuit. In Florida, the statute of limitations varies depending on the type of case. If you are considering filing a lawsuit, it’s crucial to understand the deadlines that apply to your specific situation. Missing the deadline could result in your case being dismissed, so it’s important to act fast.

Why Does Florida Have a Statute of Limitations?

Florida, like other states, has a statute of limitations to help protect both the plaintiff and the defendant. For the plaintiff, it encourages timely filing of claims, which helps preserve evidence and ensures that cases are resolved while witnesses’ memories are still fresh. For the defendant, the statute of limitations prevents the risk of being sued for an indefinite period of time over an incident that may have occurred years ago. This law also helps keep the courts from being overloaded with outdated claims.

When Does the Statute of Limitations Begin?

For most personal injury cases in Florida, the clock starts ticking on the date of the incident. For example, if you are injured in a car accident or a slip and fall, the statute of limitations begins on the day the injury occurred. However, in cases like medical malpractice, where the injury might not be immediately known, the clock begins when the injury is discovered, or when it should have been discovered with reasonable diligence.

Florida Statute of Limitations for Personal Injury Cases

The statute of limitations can vary depending on the type of case you are dealing with. Below are the general timeframes for some common personal injury cases:

• Car Accidents: The statute of limitations for filing a lawsuit after a car accident is two years from the date of the accident. If the victim dies from the accident, family members have up to two years from the date of death to file a wrongful death claim.

• Slip and Fall: If you are injured in a slip and fall accident, the statute of limitations is also two years from the date of the injury.

• Medical Malpractice: If you are injured due to a medical professional’s negligence, the statute of limitations is two years from the date the injury was discovered or should have been discovered. However, the maximum time you can file a medical malpractice case is four years from the date of the incident.

• Wrongful Death: If a person dies due to someone else’s negligence, the surviving family members must file a wrongful death lawsuit within two years from the date of death.

• Defective Products: If a defective product causes injury, you typically have four years to file a lawsuit from the date of the injury.

Tolling of the Statute of Limitations

In some cases, the statute of limitations may be “tolled,” or paused. This happens in situations such as when the injured person is under 18 years old or mentally incapacitated. The statute of limitations will not begin until the individual turns 18 or regains competence. Additionally, if the defendant leaves the state or hides to avoid the lawsuit, the statute of limitations is paused until they are located or return.

What Happens If You Miss the Statute of Limitations?

If you miss the deadline to file your lawsuit, the court will likely dismiss your case. This can be a devastating blow, especially if you have a valid claim. Even if you have already negotiated with insurance companies, you still need to be mindful of the statute of limitations. Missing the deadline removes your ability to force the other party to pay, which significantly weakens your case.

Filing Against Government Entities

If your injury occurred due to the actions of a government employee or while on government property, you must follow a special process. The Florida Tort Claims Act requires you to file a notice with the government agency involved within three years of the incident. Once the government agency receives the notice, they have 180 days to respond. If they deny your claim or don’t respond within that time, you can then file a lawsuit.

Final Thoughts

Understanding the statute of limitations is critical to pursuing a personal injury claim in Florida. Missing the deadline could mean losing your right to compensation for your injuries. If you think you have a case, don’t wait to speak with an experienced attorney who can help you understand your legal rights and ensure that you file your case within the required time frame. If you have any questions or need assistance with your personal injury case, don’t hesitate to reach out to us at D2 Law.