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What Is the Personal Injury Statute of Limitations in Florida?

The personal injury statute of limitations in Florida is generally two years. This means that you have two years from the date of suffering an injury to file a personal injury claim.

There can be exceptions to this deadline. In some cases, the two-year mark begins from the date that you discovered your injury, rather than the date when the injury happened. Our Florida personal injury lawyers can walk you through all of the unique circumstances that could affect the statute of limitations for your case.

Per Florida Statutes § 95.11, it does not matter what type of event caused your injuries: you only have two years to filea personal injury lawsuit. This includes injuries caused by:

  • Medical malpractice
  • Nursing home abuse
  • Car accidents
  • Other motor vehicle accidents
  • Boating accidents
  • Premises liability accidents
  • Product liability accidents

Wrongful death cases in Florida also generally have a two-year statute of limitations. If your loved one passed away because of injuries sustained in a negligence-related accident, you have the same deadline as someone who survived their injuries and now wants to sue on their own behalf.

If you want to sue a municipality—for example, if you were hit by a government-owned truck—the filing deadline may be even shorter. According to Florida Statutes § 768.28(6)(a)(1), you generally have only six months to sue a municipality.

You can hire a Florida personal injury attorney from our firm to start your case as soon as possible. So long as you have enough time to file, our team can work quickly to submit your case in the proper court.

The only thing you should do before exploring your legal options is receive medical care. Once your initial round of treatment is finished, it is safe to contact our Florida personal injury law firm to start on your case.

The legal process for recovering personal injury compensation involves many steps, each of which must be completed within time limits and in the right order. With a roster of attorneys, paralegals, and investigators, we are ready to:

  • Identify the defendants in your case
  • Inform the defendants that they are the focus of your complaint
  • File the legal complaint in the proper jurisdiction
  • Submit any additional paperwork that the court requests
  • Move forward with your case after we have filed the initial complaint

Every case is completely unique from all others. Our Florida law firm represents clients who face:

  • Life-changing medical expenses: Whether you are facing comparatively minor or major medical bills, you deserve coverage for emergency services, surgery, rehabilitation, and any other medical services you need to survive and recover.
  • Pain and suffering: Any injury can cause pain and suffering. Our legal team can seek coverage for emotional distress, injury-related pain, depression, anxiety, and any other pain and suffering that you have.
  • Professional uncertainty: You may lose income, earning power, status with your employer, benefits, bonuses, promotions, and other perks of being employed. You may get financial compensation for these and other professional losses.
  • Property damage: If your vehicle, boat, electronics, jewelry, or other property suffered damage because of another party’s negligence, these losses may be part of your financial recovery.

It is not always easy to understand the full extent of your losses. It is the job of our personal injury lawyers in Florida to fight for the compensation you deserve.

A statute of limitations is a legal rule that establishes time limits for filing a legal claim that stems from accident or an injury. Individual states establish their own statutes of limitations, and claims must be filed in the civil court within this specific timeframe.

This legal deadline is designed to give personal injury victims enough time to weigh their options and decide whether or not to file a case. However, by providing such a specific and rigid timeframe in which to act, it also puts pressure on injured people and protects liable parties from facing consequences many years after an accident occurs.

If the statute of limitations has passed, the injured party is usually prohibited from filing a personal injury claim. That means the individual who was harmed has lost the opportunity to recover any damages from the injury they sustained.

The courts will occasionally make an exception if they feel you have a very good reason for missing the statute of limitations, but you do not want to take this chance: get started as soon as you can.

There are some very narrow circumstances under which you can get additional time to file a legal action. This is especially true in medical malpractice cases, where the statute of limitations becomes more complex. If, for instance, a medical professional licensed by the Florida Department of Health made a mistake that caused a serious illness or injury:

  • Some medical malpractice victims have the same length of time to file personal injury claims as any other accident survivor: two years from the date of injury.
  • In certain circumstances, the individual that was harmed may not actually “discover” that they suffered harm for a period of time after the accident that caused the injury. In this instance, the two-year statute of limitations could be extended by the court.
  • In cases where you did not discover the malpractice immediately, the statute of limitations can only be extended for up to four years from the accident date.
  • In situations where the injury is suffered by a child who is eight years or younger, you may haveeven more time to start your case.

Our personal injury lawyers in Florida can help you to better understand and navigate the statute of limitations in your case.

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