The statute of limitations is the law that sets a deadline to file a personal injury lawsuit in Florida. Missing the statutory deadline means losing the right to sue and recover financial compensation.
The timeline for filing a lawsuit generally starts on the date of an injury or the date you should reasonably have discovered it. It’s important to act quickly to preserve your right to recovery after being injured by another party’s negligence.
Understanding Florida’s personal injury statute of limitations can be challenging, and failing to grasp these deadlines may cost injury victims their right to pursue compensation. The Florida personal injury attorneys at Payer Law can explain everything you need to know about when to file a claim after an accident.
Key Terms To Know To Understand Florida's Statute of Limitations
Understanding Florida’s statute of limitations can be tricky due to the legal terminology used to define when you have the right to sue. A few key terms to know are:
- Statute of Limitations: The deadline to file a legal claim under Florida state law
- Tolling: Pausing the clock on the statute of limitations, usually because of an incapacity to file a lawsuit before the statutory deadline, such as being a minor or having a disability
- Discovery Rule: The rule that the statute of limitations begins to run when a person reasonably should have understood their injury and its cause instead of the date it occurred
- Statute of Repose: A hard deadline for some special types of claims to be filed, regardless of when the injury is discovered, such as the four-year statute of repose for most medical malpractice claims
- Notice of Claim: A legal document notifying some special defendants, such as the government or a medical provider, of your intent to sue prior to filing the claim.
What is Florida’s Personal Injury Statute of Limitations?
You have two years to file a personal injury claim in Florida. The statute of limitations was reduced from four to two years in March 2023. The new law applies to all injury claims occurring on or after March 24, 2023.
Timelines To File Different Types of Personal Injury Cases in Florida
Most types of personal injury claims are governed by the same two-year statute of limitations in Florida. However, some cases have different filing timelines depending on special factors, such as issues of liability or required notices for certain parties. It’s important to be aware of the statute of limitations that applies to your case to avoid missing the deadline to file.
Car Accidents
Car accidents are governed by the standard two-year personal injury statute of limitations. Florida is a no-fault state for car insurance purposes, meaning that your mandatory personal injury protection (PIP) coverage will apply to the costs of the accident, including lost wages and medical bills. However, your PIP insurer may deny claims it deems unnecessary, meaning you may need an attorney’s help to negotiate a settlement.
You may also be able to sue the other driver involved in your accident under Florida law if you suffered a serious injury, including disfigurement, permanent injury, or loss of a bodily function. If you’re filing a claim against another driver, the two-year time limit applies.
Slip and Fall Accidents
You have two years from the date of a fall to file a claim for a slip and fall accident. It’s important to investigate the circumstances of your fall accident as soon as possible to avoid losing evidence.
Truck Accidents
Truck accidents are governed by the two-year statute of limitations. As with regular car accidents, PIP insurance will generally apply if you were driving at the time of the accident. However, truck accidents can be complicated due to issues of liability. The truck driver, the commercial carrier, the loading company, and other parties can all be potentially liable in a truck accident claim. Early investigation is critical to make sure that you sue the right party the first time if you’re eligible to file a personal injury claim.
Motorcycle Accidents
Motorcycle accident victims have two years from the accident date to file a claim. PIP coverage doesn’t apply to motorcycles, so victims often have to sue to recover damages for their injuries.
Pedestrian and Bicycle Accidents
Pedestrian and bicycle accidents are both governed by the two-year statute of limitations. However, many pedestrian and bike accidents are caused by government negligence, such as dangerous sidewalks and bike lanes. If your case involves a government entity, the rules for filing a claim against the government apply.
Medical Malpractice
Medical malpractice victims have two years from the date of the injury or the date they discovered the injury to file a claim. Malpractice suits are also subject to a statute of repose. This means the latest you can file a claim for medical malpractice is four years after the injury occurred, even if you found out about the damage years later.
Florida malpractice claims also require a special 90-day pre-suit investigation period, an affidavit from a qualified provider confirming malpractice, and a notice of intent submitted to the provider you’re filing against. These steps are complicated and time-consuming, so it’s important to act immediately after discovering medical malpractice.
Wrongful Death
Wrongful death is a different legal claim than personal injury under Florida law, but it is also subject to a two-year statutory deadline. Regardless of the underlying cause, you only have two years from the date of death to file.
Claims Against Government Entities
Suing the government can be more complicated than suing private parties. You must submit a notice of claim with the appropriate agency within three years of your injury before you can file a suit or within two years for wrongful death claims. Then the government then has 180 days to investigate before you can sue.
It’s important to act early when suing the government. If you miss the notice of claim period or submit notice improperly, you lose the right to sue.
Exceptions To Florida's Personal Injury Statute of Limitations
Exceptions to the personal injury statute of limitations in Florida are rare, but they do exist. The most common exception applies to claims involving minors under the age of 18. When a minor suffers an injury, the statute of limitations for their claim can be tolled for up to seven years to allow them time to file the claim as an adult. The seven-year tolling period also applies to adults unable to sue at the time of their injury due to incapacity. https://www.flsenate.gov/Laws/Statutes/2021/95.051
The “discovery rule” is another means of tolling a personal injury claim for adults and minors alike. This rule states that the statutory clock begins to run on a personal injury claim when the victim discovers or should reasonably know about the connection between the accident and their injury. This is helpful when the cause of a condition is not immediately clear or when the victim was unable to understand they had been hurt when the injury occurred.
Exceptions to the statute of limitations cannot be relied upon in most cases. It’s always important to file your claim as soon as possible to avoid losing your chance to sue.
What Happens if You Miss the Deadline To File?
Missing the statute of limitations means permanently losing your right to sue for compensation. Your case will generally be dismissed by the court, and you will not be able to bring it again.
A missed statutory deadline can also result in Florida insurance companies denying your claim entirely. Without taking timely legal action, you lose bargaining power for a fair insurance settlement.
Why You Should Act Quickly After an Injury in Florida
It’s critical for Florida accident victims to act as quickly as possible after being injured. This is partially because of the importance of adhering to the statutory deadlines for your claim to preserve your right to sue. Waiting too long creates possible procedural issues and means risking your opportunity for recovery.
Taking early action also helps you preserve evidence needed to build a strong claim. Video footage, medical records, witness statements, accident reconstructions, and other types of evidence all become harder to access as time passes after an accident. Acting fast makes it easier for you and your attorney to thoroughly investigate and gather as much information as possible before filing a claim.
Talk To a Florida Personal Injury Attorney Today
The dedicated attorneys at Payer Law have a deep understanding of personal injury statutes of limitations in Florida. No matter the nature of your injury claim, we can help you take timely legal action and fight for fair compensation. Reach out to our office online or call (305) 363-7099 today for your free legal consultation.
