The statute of limitations for filing a personal injury claim is generally two years in Florida. However, it’s not always that simple.
The statute of limitations for filing a personal injury claim in Florida is generally two years.
Have you been injured in an accident – a car crash, slip and fall, or even a boating collision anywhere in Florida? Did you file your claim with your insurer under PIP?
PIP often falls short of covering all your expenses. So, you might be wondering how much time you have to file your personal injury lawsuit.
This blog post discusses the statute of limitations of every personal injury claim.
Understanding the Florida Statute of Limitations for Personal Injury Claims
Statute of Limitations
As the name suggests, it provides you with limited time to seek relief from the court. You have a time limit to file your personal injury lawsuit and ask for a remedy from the court for the damages you sustained.
There are many reasons why limitation laws exist:
- It minimizes the deterioration of evidence. It is easy to gather evidence when the incident is fresh compared to when a significant amount of time has passed.
- It reduces litigation costs. When the incident is recent, it becomes easy for your lawyer to assemble documents, locate witnesses, and reconstruct what happened.
- It protects the integrity of the legal system. The judges are also humans. It becomes difficult for them to do justice when all the information relating to the case has disappeared.
Florida Statute of Limitations for Personal Injury Claims
In Florida, you only have two years to file your lawsuits for the following:
- Car accident
- Motorcycle accident
- Bicycle accident
- Slip and fall accident
- Medical malpractice
- Truck accident
- Boating accident
- Wrongful death
- Pedestrian accident
- Uber or Lyft accident
If you miss this two-year deadline, you will likely lose your right to recover compensation for your injuries and losses.
However, if your accident occurred before March 24, 2023, you likely have four years to file your personal injury lawsuit. Florida recently made significant changes to its personal injury laws, causing confusion among Floridians. All these changes came into effect on March 24, 2023.
Therefore, if you are considering pursuing your personal injury claim, consult experienced Florida personal injury lawyers who are familiar with the recent changes in the law and can get you the compensation you deserve.
When Does the Statute of Limitations Clock Start Ticking?
The statute of limitations period begins from the day of your accident or the day your injuries are discovered. It usually applies in medical malpractice lawsuits. The reason is that harm is not apparent in these cases, and it takes some time to discover injuries.
In the case of wrongful death, the two-year timeline starts from the date of a person’s death, not the accident.
Statute of Limitations for Filing a Personal Injury Claim Against the Government
The statute of limitations for filing a claim against the government is three years for the accidents mentioned above, except for wrongful death.
In the case of wrongful death, it remains the same: two years.
If you have a claim against the government, you must first serve notice to it. It takes 180 days to respond to your claim. After receiving its response, only then can you file your personal injury lawsuit.
Statute of Limitations for Child Injuries
The statute of limitations for filing a personal injury claim may pause for a child under 18. It means a child can file a personal injury lawsuit when they turn 18.
However, the pause rule has two exceptions:
- The child or parents must file a personal injury lawsuit within seven years. The seven-year timeline starts from the date of the accident.
- Sometimes, a child can sustain injuries during birth due to medical negligence. In this case, the parents must file a medical malpractice negligence lawsuit on behalf of the child before their eighth birthday.
It won’t matter if the child turns eighteen; the seven-year and eighth-birthday rule will prevail.
Other Cases Where the Statute of Limitations for Filing a Personal Injury Claim Can Be Paused
The statute of limitations may pause for some time in other cases. These cases are:
- The defendant has left the state
- Sexual abuse
- Mental illness
- Defective products injuries
Conclusion
The statute of limitations for filing a personal injury claim is generally two years in Florida. However, it’s not always that simple.
An experienced personal injury lawyer in Florida can assess your situation and determine how much time you have to file your personal injury claim.
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