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Florida Personal Injury Statutes of Limitation

March 24, 2020

If you have been involved in a car accident, pedestrian accident, bus accident, slip and fall accident, motorcycle accident, bicycle accident, boating accident, Jet Ski accident, work-related accident or you have been the victim of medical malpractice or you were injured on someone else’s property, it’s important to know a few things about the state’s legal time clock to pursue your injury claim. This information is beneficial whether or not you are dealing with an insurance settlement, a lawsuit or a Workers’ Compensation claim with The Florida Division of Workers’ Compensation.

Time Limits & Statutes of Limitations for Personal Injury Claims

 

4 Years for Most Personal Injury Cases

 

Every state in the United States has limits on the amount of time that a claimant has to file a lawsuit in court after the claimant received some type of injury. Different types of cases may have different deadlines that are generally known as statutes of limitations. In Florida, the statute of limitations for personal injury cases such as but not limited to those arising from motor vehicle accidents, bicycle accidents, boating accidents, Jet Ski accidents, pedestrian accidents, premises liability accidents, bus accidents, motorcycle accidents, injuries arising from assault and battery incidents and property damage matters is 4 years. That means that a claimant has 4 years from the date that an injury was incurred or the date that an injury-causing incident occurred to file a civil action or lawsuit to seek relief and damages, such as but not limited to damages for compensation for medical bills, pain and suffering, lost wages, property damage, diminution in value, future medical costs and lost future earnings. Check out Fla. Stat. § 95.11(3)(a). However, some exceptions may apply. For example, if a claimant does not discover that they actually suffered harm for some time after an incident the harm arose from, the lawsuit-filing window could potentially be extended. Other exceptions could alter the applicable deadline, and if a claimant is pursuing an injury claim against a the state or a local government in Florida, the rules provide for a shorter filing period.

 

Generally 4 Years for Medical Malpractice

 

Generally, in Florida, patients injured by medical malpractice must file a lawsuit within 2 years after discovery an injury or when a claimant should have discovered the injury, or at the latest, 4 years from the date of when the medical malpractice occurred. Basically, the only exception to this rule is when a healthcare provider fraudulently conceals their malpractice. If that occurs, a claimant may sue the healthcare provider within 2 years from when the injury was discovered or 7 years from then the malpractice occurred. Finally, the statute of limitations does not apply to a minor if the case is started on or before his or her 8th birthday. See Fla. Stat. § 95.11(7)(b) for more information.

 

Generally 2 Years for Workers’ Compensation Claims

 

Generally, the statute of limitations for Workers’ Compensation claims in Florida is 2 years. The 2-year time clock generally begins on the date the claimant is injured. Check out Fla. Stat. § 440.19 for more information. However, notice should be provided to an injured party’s employer within 30 days of any injury-causing event that occurs while the injured party was acting in the employ of the employer. See Fla. Stat. § 440.185(1) for more information.

 

2 Years for Wrongful Death Claims

 

The statute of limitations for Wrongful Death claims is 2 years after the deceased victim’s date of death. This is clearly defined in Fla. Stat. § 95.11(7)(d).

 

Why Statutes of Limitations Matter

 

Statutes of Limitations matter regardless of whether an injured party intends to settle with an insurance company or file a lawsuit. Claimants should be mindful that if they fail to settle their case before the expiration of their applicable statute of limitations, insurance companies and at-fault parties will no longer be legally indebted to them. If a claimant gets close to running a statute of limitations, it is important that they file a lawsuit or initiate an applicable claim well before the statute of limitations accrues to prevent the expiration of their claim.

 

Get Your Case Evaluated

 

We strongly encourage you to seek the advice of a licensed Florida Personal Injury Attorney if you have been injured in a car accident, motorcycle accident, boating accident, Jet Ski accident, pedestrian accident, bicycle accident, slip and fall accident, premises liability accident, bus accident, work-related accident, medical malpractice accident or by any other means that was caused by another. You could potentially recover damages for medical expenses, pain and suffering, lost wages, property damage and other compensable damages and expenses. At Biazzo Law, we are prepared to negotiate a settlement for you or pursue your case through a jury verdict if warranted. Contact Biazzo Law today at (561) 939-6300 to schedule your free Personal Injury consultation. This blog is not to be construed as legal advice.

 

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