Understanding Florida’s Statute of Limitations for Personal Injury Claims

If you’ve been injured in an accident, you may be entitled to compensation for your damages. However, it’s important to understand that there is limited time to file a personal injury claim. This is known as the statute of limitations. In Florida, the statute of limitations for personal injury claims varies depending on the type of case. In this blog post, we’ll explain Florida’s statute of limitations for personal injury claims so you can be informed if you ever find yourself in this situation.

Personal injury claims allow individuals injured due to someone else’s negligence to receive compensation for their damages. The damages include medical expenses, lost wages, and pain and suffering. However, it’s crucial to understand that there is a time limit by which you can file a personal injury claim, known as the statute of limitations. If you fail to file a claim within this time frame, you may lose your right to seek compensation for your damages.

It’s important to note that the statute of limitations is a strict deadline, and taking action promptly if you believe you have a personal injury claim is essential. Waiting too long to file a claim can lead to losing or destroying evidence and witnesses forgetting crucial details. If you’ve been injured due to someone else’s negligence, it’s crucial to consult with a personal injury attorney as soon as possible to ensure that your rights are protected and that you receive the compensation you deserve.

What Is The Statute Of Limitations?

The statute of limitations is a legal time limit on the time a plaintiff has to file a lawsuit. It varies depending on the state and the type of case. If you try to file a lawsuit after the statute of limitations has passed, your case will likely be dismissed, and you won’t be able to recover any damages.

Florida’s Statute Of Limitations For Personal Injury Claims

Florida’s statute of limitations for personal injury claims is generally four years from the accident date. This means you have four years from the accident date to file a lawsuit in court. However, there are some exceptions to this general rule.

Exceptions To The General Rule

A few exceptions exist to Florida’s four-year statute of limitations for personal injury claims. 

• Medical malpractice cases: If you are filing a medical malpractice case, you have two years from the incident date or two years from when you discovered (or should have discovered) the injury to file a claim.
• Wrongful death cases: If you file a wrongful death claim, you have two years from the date of the victim’s death to file a lawsuit.
• Claims against the government: If your personal injury claim is against a government entity, you must file a notice of claim within three years of the date of the accident. This notice must include specific information; you may lose your right to sue if it’s not filed correctly.

Why Is The Statute of Limitations Important?

The statute of limitations is important because it ensures both parties have a fair chance to prepare their case. Evidence may become lost or destroyed as time passes, and witnesses may forget important details. A time limit ensures that the evidence presented in court is as accurate and relevant as possible.

What Happens If The Statute Of Limitations Has Passed?

If the statute of limitations has passed, you cannot file a lawsuit in court. This means that you won’t be able to recover any damages from the responsible party. It’s important to remember that the clock starts ticking from the accident date, so it’s crucial to act quickly if you believe you have a personal injury claim.

Florida’s statute of limitations for personal injury claims is generally four years from the accident date. However, there are exceptions to this rule, including medical malpractice cases, wrongful death claims, and claims against the government. It’s important to understand the statute of limitations and act quickly if you believe you have a personal injury claim. Doing so can ensure you have a fair chance to recover damages for your injuries.

About the Author:

Andrew Winston is a partner at the personal injury law firm Winston Law. For over 20 years, he has successfully represented countless people in all personal injury cases, focusing on child injury, legal malpractice, and premises liability. He has been recognized for excellence in representing injured clients by admission to the Million Dollar Advocates Forum and named one of America’s Top 100 High-Stakes Litigators. Mr. Winston is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, and has been selected as a Florida “SuperLawyer” from 2011-2022– an honor reserved for the top 5% of lawyers in the state – was voted to Florida Trend’s ”Legal Elite,” recognized by Expertise as one of the 20 Best Fort Lauderdale personal injury attorneys, named one of the Top 100