Florida’s statute of limitations for personal injury cases is two years. According to Florida Statute 95.11, most injury cases have a two-year statute.
However, there are exceptions. If the action is against a government entity, the statute of limitations is three years. There’s a longer filing time if a child suffers injuries.
Understanding Florida’s Statute of Limitations for Personal Injury Cases
Florida’s personal injury statute of limitations varies depending on the type of case. It’s important to understand what it means and why it exists.
What Is a Statute of Limitations?
A statute of limitations is the time limit for filing a legal claim. Filing timely is important as it ensures your case is heard.
Why Does it Exist?
Statutes of limitations exist for fairness. Plaintiffs get time to gather evidence and at-fault parties can build strong defenses.
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We specialize in personal injury claims.
Explanation of the Two-Year Time Limit in Florida
Florida’s statute of limitations for personal injury cases is two years but was four years before March 2023. Knowing when the clock starts ticking for filing is crucial.
When the Clock Starts Ticking
The clock starts ticking from the date of the accident or when the victim’s injuries become apparent. The earlier the case is filed, the better; running out the clock prevents you from recovering compensation.
Exceptions to the Two-Year Statute in Florida
Exceptions apply to the two-year statute. Certain criteria determine whether the time for filing may be lengthened.
Circumstances Where the Deadline May be Extended in Florida
Some circumstances can extend Florida’s deadline for filing an injury case. They include discovery rule, fraudulent concealment, minors, mental incapacity, absence from the state, wrongful death cases and medical malpractice cases.
Discovery Rule
The discovery rule applies to delayed injury symptoms. Some injuries manifest several weeks or even months after an accident.
Fraudulent Concealment
Fraudulent concealment occurs when one party fails to disclose information to the other in an injury case. This can extend the statute of limitations.
Minors
If a minor suffers injuries, the statute of limitations may be longer. It can extend to the child’s 18th birthday if parents are unaware of the injury.
Mental Incapacity
If an injured party is mentally incapacitated, the statute of limitations extends. They have seven years to file unless medical malpractice is involved.
Absence from the State
An injured person is protected if the at-fault party leaves the state. They’re given more time to file their claim unless they locate the defendant elsewhere.
Wrongful Death Cases
The statute of limitations for wrongful death is two years from the date of the death. This extends when situations like fraud or evidence tampering apply.
Medical Malpractice Cases
Medical malpractice cases normally have a two-year filing limit. However, if fraud is involved, the victim has more time.
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We specialize in personal injury claims.
How to Determine if an Exception Applies in Florida
Exceptions apply in Florida in certain situations. This includes a minor being injured, the victim being incapacitated, discovery being a factor or evidence being concealed.
Consulting with a Personal Injury Attorney in Florida
Consulting with a Florida personal injury attorney can determine whether exceptions apply in your case. Your lawyer will ensure your claim or lawsuit is filed timely.
Frequently Asked Questions
What Is the New Personal Injury Law in Florida?
The new Florida personal injury law requires claims to be filed in half the time as previously. This is to ensure the case is heard sooner.
What Is the New Statute of Limitations in Florida?
Florida’s new statute of limitations is two years. Previously, you had four years to file.
How Long Do You Have to File an Injury Claim in Florida?
Injury claims must be filed within two years. Waiting to file can prevent your case from being heard.
What is the Time Period for the Statute of Limitations in Florida?
You have two years to file an injury claim in Florida.
Is There a Statute of Limitations on Personal Injury in Florida?
Florida’s statute of limitations is two years.
Can Statute of Limitations be Waived Florida?
Waiving Florida’s statute of limitations is rare. However, in some situations, it can happen.
What Crimes Have No Statute of Limitations in Florida?
Murder, manslaughter and vehicular homicide have no statute of limitations.
What Is the 65 Percent Law in Florida?
According to Florida Senate Bill 1572, the 65 percent law provides criminal rehabilitation to offenders. Those who have served at least 65% of their sentence are eligible.
What Is the New Accident Law in Florida?
Drivers must hold at least $25,000 in bodily injury coverage in their insurance policies.
What Is the New Minimum Bodily Injury Coverage in Florida?
The new minimum bodily injury coverage is $25,000. All registered drivers must carry it.
What Percentage Do Lawyers Take for Personal Injury in Florida?
On average, personal injury lawyers’ fees are 33.3%. This is deducted from your total settlement.
What Is the Personal Injury Exemption in Florida?
Personal injury settlements are non-taxable. You don’t have to worry about losing your compensation.
What Is Considered a Serious Injury in Florida?
According to Florida Statute 316.07, loss of bodily function, impairment, disfigurement or a risk of death are considered serious injuries.
What Is a Permanent Injury in Florida?
A permanent injury involves the loss of a significant bodily function.
Statute of Limitations Florida Civil Suit
Depending on case type, Florida civil suits have different statutes of limitations. Some are two years while others may be three or even four years.
Need free legal help in Florida?
We specialize in personal injury claims.
