Florida Statute of Limitations for Personal Injury

If you are injured in an accident, you might wonder how long you must file a lawsuit. Every state has a statute of limitations that determines how much time you have to file a personal injury claim after the incident.

The time limit varies depending on the type of injury and other factors. You must follow the statute of limitations to avoid bringing a lawsuit against the other party.

This article looks at the Florida Statute of Limitations for personal injury cases related to car accidents, slip and fall incidents, and medical malpractice. Keep reading to learn more.

What is the Florida Statute of Limitations for Personal Injury?

The Florida Statute of Limitations standard time limit for personal injury lawsuits is four years. You have four years from your injury to file a lawsuit. If you do not file within this time frame, you will be unable to recover damages for your injuries.

There are some exceptions to this rule. If the injured party is a minor, they must file a lawsuit until their 18th birthday. If the injured party is mentally incapacitated, they have until one year after their incapacity ends to file a lawsuit.

If the injury was caused by someone else's intentional or criminal conduct, there is no time limit to file a lawsuit. If you were hurt in an accident, you must talk to a personal injury lawyer as soon as possible.

An attorney can help you understand the statute of limitations and ensure your case is filed within the proper timeframe.

How Long Do You Have to File a Personal Injury Claim in Florida?

Florida law requires that personal injury claims be filed within four years of the date of the injury. This means that if you were involved in an accident on January 1, 2020, you would have until January 1, 2024, to file a claim.

If you file your lawsuit within this timeframe, you will likely be allowed to do so. There are some exceptions to this rule.

For example, if the person who caused your injuries was convicted of a crime in connection with the accident, you may have more time to file a claim.

Additionally, if you are filing a lawsuit against a government entity, you may have a shorter timeframe in which to do so.

Suppose you have been injured in an accident. In that case, it is essential to speak with an experienced personal injury attorney as soon as possible to ensure that your rights are protected and that you are aware of all deadlines that may apply to your case.

What Happens if You Don't File Your Claim Within the Statute of Limitations?

If you don't file your injury claim within the Florida statute of limitations, you will most likely be unable to recover any compensation for your injuries. The statute of limitations is when you file a lawsuit after you've been injured.

The statute of limitations for personal injury claims in Florida is four years from the date of the accident. This means that if you were in a car accident on January 1, 2020, you would have until January 1, 2024, to file a lawsuit against the at-fault driver.

If you file your lawsuit before that date, you will most likely be allowed to do so. This can be difficult to navigate because sometimes injuries don't present themselves immediately.

It's essential to seek medical attention as soon as possible after an accident and to keep track of all medical expenses and any lost wages from being unable to work.

An expert personal injury lawyer can assist you in understanding the statute of limitations and determine whether your case falls inside it.

How Does the Discovery Rule Apply to the Statute of Limitations in Florida?

In general, the statute of limitations for personal injury claims in Florida is four years from the date of the accident. However, a significant exception to this rule is known as the "discovery rule."

The discovery rule provides that the four-year statute of limitations does not begin to run until the injured person discovers, or should have discovered, that they have been disabled.

For example, suppose you are involved in a car accident and do not immediately realize that you have been injured. In that case, the four-year statute of limitations will begin once you discover your injury.

This exception is important because it allows people who have been injured but may not be aware of their injuries still to file a claim within a reasonable period.

If you have been involved in an accident and believe you may have a personal injury claim, you must speak with an experienced attorney as soon as possible to discuss your legal rights and options.

Are There Any Exceptions to the Statute of Limitations in Florida?

The answer to this question is, unfortunately, yes. A few exceptions to Florida's statute of limitations may allow you to file a personal injury lawsuit later.

These exceptions include the following:

• If the person who caused your injuries was convicted of a crime related to the incident, you have up to one year from their conviction to file a personal injury lawsuit.
• If the individual who caused your injuries was under 18 at the time of the occurrence, you have up to four years from the date of the incident to bring a personal injury case against them.
• If you were injured due to medical malpractice, you have up to two years from the date of the incident or when you should have reasonably discovered the malpractice to file a personal injury lawsuit.
• If your injuries were caused by exposure to hazardous materials, you have up to three years from the date of disclosure to file a personal injury lawsuit.

Conclusion

The Florida statute of limitations for personal injury is four years from the date of the accident. If you were injured in an accident, you have four years to file a lawsuit against the responsible party.

If you don't file a lawsuit within that time frame, you will be barred from doing so and unable to recover any compensation for your injuries.