The statute of limitations for filing a personal injury claim in Florida varies according to the type of injury. In general, the deadline is between 2 and 4 years after the injury.
Below are the most common personal injury claims and their limitations for filing.
Four years:
- Automobile accident
- Slip & Fall
- Property Damage
- Product Liability
- Dog Bite/Attack
Two years:
- Medical Malpractice
- Wrongful death
Depending on the circumstances, the law allows for a few exceptions. In certain cases, the statute of limitations can be extended or “tolled”, meaning it will be delayed. When the statute of limitations is tolled, the plaintiff is given additional time to file a lawsuit.
It is important to stress that there is no law in Florida that requires the party at fault to automatically or fairly compensate an injured party. All victims must take the initiative to file a claim. An injured party must be able to prove the other party is liable for their damages.
The Date of Injury or Discovery
In Florida, the date of your injury or the date you discovered your injury generally determines when the time frame of the statute of limitations begins.
This differs from case to case as all circumstances must be considered.
There are exceptions in each case.
Absence Or Concealment
As a rule, the statute of limitations may be tolled for the period of time during which the defendant is absent from the state of Florida. It may also be tolled if the defendant is concealing themselves in the state of Florida in order to avoid being held liable. This exception is designed to protect victims of personal injury who are seeking compensation from irresponsible defendants. Such defendants will often delay and dodge the legal process.
Discovery of Harm
Florida allows an extension to the statute of limitations in cases where the statute may have expired. There are two main reasons for this.
The first reason is that the injured party discovered they were injured at a point in time after the date of the injury.
The second is that the injury was evident but the injured party discovered that another party's negligence caused their injury at a later date.
This is referred to as “delayed discovery of harm”. It is common in medical malpractice lawsuits or mesothelioma (asbestos) claims.
These exceptions allow the legal period to begin from the date the injury was discovered, rather than the date the injury occurred.
Additional Exceptions
In Florida, there are provisions to suspend the statute of limitations for victims who are legally “incapacitated,” This provision is intended for those who are unable to file a claim for the following reasons:
- Medical or mental disability
- Incarceration
- Filing bankruptcy
- A minor is involved
Sometimes Delaying/Tolling is Necessary for Your Case
Sometimes, your personal injury attorney may recommend that taking more time for your case is necessary, even if it means missing the statute of limitations.
Your attorney may find it is necessary to perform an extensive investigation into your claim in order to increase your chances of recovering the entirety of all your current and future losses. Additional evidence may be needed for your best chances to get what you rightfully deserve.
The full extent of your medical bills, present and future will often be the central point of your claim. You may need to begin treatment options in order to get the best assessment of how your recovery will progress.
If you have suffered a traumatic brain injury or spinal/neck injury, you may need to wait months or years after your accident before you are able to offer an accurate assessment. Additional medical bills and general pain and suffering can show up again anytime. These eventual costs must also be considered for calculating the total cost of your compensation. It might be better to wait until you have an accurate account of the cost of your total recovery before filing your claim.
Schedule A Consultation
If you believe you have legitimate grounds to file a personal injury claim after the statute of limitations has passed, you should consult an attorney right away. An experienced personal injury lawyer can go over the details and facts and help identify any exceptions that allow you to reset the clock, giving you time to rightfully file a claim for compensation.
