Learn About the Deadlines for Filing Personal Injury Claims in Florida
Florida personal injury claims are subject to strict deadlines under the Florida statute of limitations for personal injury. These time limits are critical in determining whether an injured person can pursue legal action. Serious injuries can lead to disability, income loss, and even death. When these injuries result from another party’s negligence, the injured individual has the right to seek compensation, but they must act quickly. Florida’s personal injury laws allow you to file a lawsuit against the party responsible for your injuries, but there is a limited window of time to do so. It’s crucial to understand these deadlines to ensure your case is filed on time, maximizing your chances of receiving compensation.
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Did You Know?
According to the National Safety Council, every second in the U.S., someone is injured, and every three minutes, someone dies from an accident that could have been prevented.
What Is the Florida Statute of Limitations for Personal Injury?
The Florida statute of limitations for personal injury is the legal time frame for a plaintiff to file a lawsuit against the responsible party. This law ensures that cases are brought to court promptly, preventing the loss of evidence and witness testimony. The length of the statute of limitations in Florida varies depending on several factors, including:
- The nature of the claim
- Whether the parties involved are private individuals or public entities
- The age of the victim
Failing to file your case within the prescribed time frame means it will be permanently barred, and you will lose the right to seek compensation.
How Long Do Florida Plaintiffs Have to File Personal Injury Claims?
In most cases, the Florida statute of limitations for personal injury is two years. This two-year limit applies to several types of personal injury cases, including:
- Auto Accidents: Motor vehicle accidents are one of the leading causes of personal injury claims in the U.S. If you’ve been injured in a car, motorcycle, or truck accident due to another driver’s negligence, you must file your claim within two years.
- Premises Liability: Property owners and tenants are responsible for maintaining safe conditions. If you’re injured due to unsafe property conditions, you generally have two years to file a premises liability claim.
- Wrongful Death: Family members may file a lawsuit for wrongful death due to negligence, breach of contract, or other wrongful acts. These claims must typically be filed within two years, though extensions may apply in cases where the defendant conceals the cause of death.
- Medical Malpractice: Medical malpractice claims often involve complex issues, especially when injuries are not immediately apparent. In such cases, the statute of limitations may be paused (“tolled”), giving victims two years from the date the injury is discovered to file a claim.
- Dog Bites: Florida’s dog bite laws allow victims to file lawsuits within two years if they are injured due to a dog owner’s negligence.
- Product Liability: If a defective product causes injury, victims can file a product liability claim under negligence, strict liability, or breach of warranty theories. In Florida, these claims must be filed within two years of discovering the injury.
- Assault and Battery: Victims of assault or battery have two years from the date of the incident to file a personal injury lawsuit.
Special Cases: Claims Against the Government
In some cases, personal injury claims may be brought against a government entity. For example, if a road hazard caused by a city leads to a car accident, the injured party may have a claim against the government. In such cases, the statute of limitations is typically three years, but the process involves additional rules and procedures.
No Statute of Limitations for Child Sexual Abuse
Florida has no statute of limitations for cases of child sexual abuse, thanks to legislation known as “Donna’s Law.” This law removes time limits for victims who were minors at the time of the incident.
When Does the Statute of Limitations Start?
In most cases, the statute of limitations begins on the date of the injury. However, in situations like medical malpractice, where the injury may not be immediately apparent, Florida courts may start the clock on the date the injury was discovered. Additionally, the statute of limitations may be paused (tolled) in certain circumstances, such as:
- The defendant leaves the jurisdiction
- A natural disaster causes government office closures
- The plaintiff becomes incapacitated or mentally incompetent
- The plaintiff is a minor
Consult with Experienced Florida Personal Injury Attorneys at Bonardi & Uzdavinis, LLP
The Florida statute of limitations for personal injury exists to protect both plaintiffs and defendants. However, the longer you wait to file, the more difficult it may be to gather evidence and build a strong case. That’s why it’s essential to contact a personal injury attorney as soon as possible to protect your rights. At Bonardi & Uzdavinis, LLP, our experienced team understands all aspects of Florida personal injury law. We are committed to helping you build a strong case and fight for the compensation you deserve. Contact us today for a free, confidential case evaluation and take the first step toward protecting your rights.
Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
