When you suffer an injury due to the actions of another party in Florida, you have the right to seek compensation for those injuries. Typically, injured parties receive compensation either from the insurance claim process or from filing a lawsuit.
Several factors can influence the amount of compensation you receive after suffering a personal injury. One of those factors is Florida’s personal injury statute of limitations. The better you understand this statute of limitations, the more likely you will receive fair compensation from a personal injury claim.
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What Is the Statute of Limitations for Personal Injury Claims in Florida?
The statute of limitations for personal injury claims in Florida is the time limit you have for filing a personal injury lawsuit.
Like all other states, the Florida legislature seeks to keep the injury claims process as fair as possible for all parties. If claimants could wait indefinitely to file a lawsuit, potential defendants would find it almost impossible to defend themselves because they wouldn’t know they needed to preserve evidence.
To prevent such situations in the courtroom, the legislature set legal time limits. Personal injury Florida statutes apply to every case that goes through the Florida civil legal system.
Florida Injury Claim Deadlines
As of March 24, 2023, the personal injury statute of limitations in Florida is two years from the date of the injury. Prior to that date, the statute of limitations was four years. This means that if you were injured before March 24, 2023, you have four years to file a personal injury lawsuit rather than two years.
How the Statute Affects Your Personal Injury Case
If you intend to file a personal injury lawsuit, the effect of the statute of limitations is easy to understand. You must file a lawsuit with the appropriate court within two years of suffering an injury caused by the negligence of another party.
But what if you don’t intend to file a lawsuit? Surprisingly, the statute of limitations still affects your personal injury claim in that case. Even though it doesn’t directly apply to insurance claims or settlements, the statute of limitations also places a time limit on those paths.
The insurance company has no reason to compensate your claim after the statute of limitations runs out. Generally, when an insurance company refuses to act in good faith, a claimant can compel them by filing a lawsuit. If the statute of limitations has run out, that is no longer an option.
Exceptions to the Statute of Limitations
While the statute of limitations begins counting down as soon as you suffer an injury, there are exceptions to this rule. Personal injury statute exceptions in Florida usually apply to medical malpractice and wrongful death claims.
The medical malpractice statute of limitations is subject to the discovery rule. This rule may delay when the statute of limitations starts if you were initially unaware that you suffered an injury. Under this rule, the statute of limitations starts when you discovered the injury or should have reasonably discovered it based on due diligence.
The statute of limitations in wrongful death cases also does not necessarily begin when the victim was injured. Instead, the time limit starts when the victim passes. This can be the same time if an injury causes immediate death. However, if the deceased died days, weeks, or even years after being injured, that is when the statute of limitations begins counting down.
Filing After the Statute of Limitations Has Expired
It’s best to file your claim before the statute of limitations runs out. If you file after that time limit, the judge presiding over your case will dismiss it with prejudice. This means that your claim is over, and you can’t refile it in court. In some cases, the judge might penalize you as well.
Determining the Statute of Limitations for Your Specific Case
With several different potential starting points for a statute of limitations, it can be difficult to determine exactly when the clock begins on your case. The easiest way to determine what the statute of limitations is for your case is to consult with a Tampa personal injury lawyer.
A personal injury attorney in Tampa, like those at Jack Bernstein, Injury Attorneys, can investigate your case to determine exactly what happened and what legal deadlines apply.
In some cases, you may have suffered multiple injuries, and each has a different date. An experienced Tampa attorney can also help you unravel that situation.
Does the Statute Differ for Certain Case Types?
The two-year statute of limitations applies to most negligence cases, including:
- Auto accidents
- Slip and fall
- Dog bites
- Medical malpractice
- Wrongful death
- Defamation of character
While most types of personal injury cases have a two-year deadline, injury claim expiration in Florida is different for specific types of cases. Two types of cases stand out for having a statute of limitations that is longer than two years.
If you suffered a personal injury due to intentional action, the statute of limitations increases to four years. Typically, these cases involve criminal activity. In these situations, the four-year deadline often allows you to wait until the conclusion of a criminal trial before filing your lawsuit.
The deadline for filing personal injury cases also increases when your injury was caused by the Florida government. For these cases, you have three years from the date of your injury to file a personal injury claim.
Can the Statute of Limitations Be Extended?
The personal injury statute of limitations can be tolled — extended — in specific circumstances. When the statute of limitations is tolled, time does not count toward the deadline until the situation causing the tolling ends. One example is when the injured person is legally disabled. This means a court has determined they cannot participate in the legal process.
Additionally, minors are considered disabled by definition. When the statute is tolled for this reason, the deadline can’t be extended for more than seven years past the date of the injury.
The deadline is also tolled if the defendant leaves the state or goes into hiding. If these activities prevent you from serving the defendant with a lawsuit, the deadline is tolled until that is no longer the case.
What if the Statute of Limitations Is About To Expire?
Florida injury lawsuit timing can be important. The longer you wait to file a lawsuit, the more evidence you can collect before trial. However, if you wait too long, you can’t file a lawsuit at all. If the personal injury statute of limitations is about to expire, you should contact a Florida personal injury attorney immediately.
A lawyer will be able to evaluate when the best time to file your particular claim will be to both maximize your chance of success and ensure you don’t miss any applicable deadlines.
The Statute of Limitations in Florida and Wrongful Death
When factoring in the statute of limitations, you may wonder, “Do wrongful death lawsuits take a lot of time to finish?” While a wrongful death case can take some time, that time varies significantly from case to case. In every case, the statute of limitations has little effect on how long it takes to complete.
If anything, the statute of limitations may decrease how long it takes to get a settlement or jury verdict. When two years is the longest you can wait to file a lawsuit, that puts a soft cap on how long your case will take to resolve.
Other Case Types
This principle applies to other case types as well. For example, many accident victims ask, “Do slip-and-fall settlements take a lot of time?” The answer is the same as for wrongful death cases.
Every case has its own timeline, and consulting a lawyer is the best way to estimate how long yours will take. Regardless, the statute of limitations doesn’t extend this time.
Contact a Skilled Tampa Personal Injury Lawyer Today
Florida personal injury law is complicated. An experienced Tampa attorney from Jack Bernstein, Injury Attorneys, can help you effectively navigate the complex landscape of these claims. Let our compassionate team fight for your future.
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For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.
Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.
Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
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