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Legally, you are a victim of personal injury if you or a loved one sustain an injury to the body, emotions, or mind owing to the conduct of another party. The repercussions of personal injury can be devastating. In certain instances, the injuries can be life-altering and incapacitating, resulting in income loss and costly medical expenses.
If someone else is at blame for your injuries, you shouldn't have to pay for treatment and related expenses. You may pursue a claim and/or lawsuit for personal injury against the defendant. Nonetheless, time is of the essence when you present your case to court, as it effects the outcome of your case.
Florida, like every other state, has a statute of limitations for personal injury claims.
What is a Statute of Limitations?
The time frame in which you are required to file your case is referred to as the statute of limitations. In the Sunshine State, the statute of limitations for personal injury cases varies from one case to the next and is determined by the nature of the injury at case. The statute of limitations was created with the intention of shielding defendants from the never-ending threat of lawsuit posed by plaintiffs for an unspecified amount of time.
The term "statute of limitations" refers to a law that establishes the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim.
In addition to this, having statutes of limitations helps cases have reliable witnesses, as witnesses are more likely to clearly remember the incident at hand if the case is not prolonged for too long.
The establishment of a deadline provides the parties involved with the opportunity to circumvent the problem of losing vital evidence over the course of time. Your personal injury attorney would likely advise you to submit your claim/case as quickly as you can, mostly since the legal procedure may be difficult. The statute of limitations for a personal injury claim might vary widely depending on a number of aspects of the case, including the following:
Even if you have already begun negotiating with the defendant's insurance company, the statute of limitations in Florida will still apply in this situation.
The statute of limitations for almost all forms of legal actions in Florida may be found in Title VIII of the 2021 Florida Statutes[1].
If, on the other hand, you were hurt as a consequence of the negligence of a government worker or while you were on property owned by the government, the statute of limitations in such cases changes[2].
As a result, when you are harmed as a result of the negligence or inactions of another person or business, there are three very crucial questions that you need to address in order to determine whether or not you have a valid claim under the statute of limitations.
When Does the Statute of Limitations in Florida Begin?
The date of the incident is typically considered to be the date from which the statute of limitations begins running in the event that you were injured as a result of professional or medical malpractice, a vehicle accident, a slip and fall, or any other form of injury. It is important to note that the clock will begin ticking from the date the cause of the injury is discovered or should have been discovered if due diligence had been exercised if you are injured as a result of professional or medical malpractice and the cause of your injury is determined at a later date. This only applies if the cause of your injury was discovered because of professional or medical malpractice.
It is in your best interest to never delay seeking medical attention after sustaining an injury as a consequence of a vehicle accident, a slip-and-fall incident, professional negligence, or medical malpractice.
Don’t wait and contact the aggressive and experienced attorneys at Nooney, Roberts, Hewett & Nowicki. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our experienced personal injury attorneys! We conduct consultations in Spanish too!
In various types of personal injury cases, the Florida statute of limitations is as follows:
There are several distinct categories of personal injury lawsuits, each of which is subject to a unique statute of limitations under Florida law. The following are the statutes that apply to the most typical sorts of claims involving personal injury:
Accidents involving motor vehicles are the largest cause of death in the United States, and the majority of the time, the mistake lies with the error of drivers. If you were in an automobile accident and another person was at blame for the accident, you have up to four years from the date of the accident to initiate a case against that individual.
On the other hand, if the victim does not survive the injuries, qualified members of the victim's family have up to two years from the date of death to launch a lawsuit against the responsible party; this type of lawsuit is commonly referred to as a wrongful death case.
The statute of limitations might be extended to a maximum of five years if the motorist who caused the accident was uninsured at the time of the collision[3]. However, in order to qualify for the extension, you must fulfill other conditions, such as using your no-fault (PIP) benefits.
In the case that your only claim stems from property damage sustained in an auto accident, the statute of limitations in the state of Florida is four years.
In addition, it is essential to recall the 14-day accident rule and determine whether it applies to your particular case. After being involved in an automobile crash, the law mandates that you seek medical attention within the first two weeks. After this time limit has passed, you will no longer be able to make a claim under your PIP insurance policy.
When a physician, other medical practitioner, or hospital causes an injury to a patient as a result of carelessness or omission, this is known as medical malpractice. In the state of Florida, the statute of limitations for injuries sustained as a consequence of medical malpractice is two years4. The statute of limitations begins to run on the date of the injury that was caused by the carelessness of a medical practitioner. More specifically, the law5 states that, “An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence.”
It's possible that you won't find out about these injuries right immediately, which is one of the factors that might add two more years to the statute of limitations. This indicates that you have a time limit of two years from the date of discovery to initiate a lawsuit against the other party.
Generally, you have a deadline of four years after the action that resulted in the injury, which is referred to as the statute of repose, and that's when you have to bring your case. No matter whether you were aware of the malpractice or not when the injury occurred, the time will start ticking from the moment it happened. A statute of repose is a “statute barring any suit that is brought after a
specified time since the defendant acted, even if this period ends before the plaintiff has suffered a resulting injury.”6 Moreover, a statute of repose limits the time within which an action may be brought and is not related to the accrual of any cause of action. Unlike an ordinary statute of limitations which begins running upon accrual of the claim, the period contained in a statute of repose begins when a specific event occurs, regardless of whether a cause of action has accrued of whether any injury has resulted.7
Also, the statute of limitations for injured child victims is four years from the day the injury was committed or discovered.
In the event that a loved one passes away as the result of a breach of contract, wrongful act, or negligence, surviving family members have the right to bring a lawsuit and seek compensation for their loss. The lawsuit is brought forward on behalf of the deceased by the representatives of the estate.
According to Florida’s statute of limitations, a wrongful death lawsuit must be filed within two years of the decedent's date of passing if it is to be considered timely filed. However, if the defendant is trying to conceal the cause of death, the deadline may be extended.
Dog bites cause bodily injuries and can even be deadly to the victim. Dog owners have a legal responsibility to ensure that their pets do not cause bodily injury to others. Victims of dog bites in Florida are permitted to file lawsuits based on strict liability, intentional torts, and negligence under the state's legal code. After the date of the attack, victims have up to four years to file a lawsuit under the appropriate jurisdiction.
Consumers who have purchased defective goods can sue the companies who manufactured them for negligence, breach of warranty, and strict liability. Product liability cases must be filed in the state of Florida within four years, regardless of whether the lawsuit is based on breach of contract, negligence, strict liability, or nuisance. When an injury is discovered, the time period for statute of limitations starts on any potential claims involving defective products. In other situations, the statute of limitations begins to run when the discovery might have been made with due diligence.
It is the responsibility of the owner of the property to create a safe working and living environment, which includes adequate lighting and fire safety measures. The injuries that an invitee or licensee sustains while on the premises as a result of negligence on the part of the property owner are referred to as "premises liability." In this particular area of the law, the statute of limitations is four years, and it begins to run on the day the incident/injury occurred.
In the state of Florida, the particular statute of limitations that are applicable to motorcycle accidents change based on whether or not the accident resulted in a fatality. It also is contingent on the party that is the subject of the lawsuit.
There is a time limit of four years from the date of the motorcycle accident for filing injury claims related to that accident. The court will make an exception to the rule only in extremely unusual circumstances.
The statute of limitations for bringing a claim for wrongful death in connection with a motorcycle accident is two years. In the event that someone is killed in a motorcycle accident, and they have surviving family members, the law in Florida permits those family members to make a claim for wrongful death.
When the plaintiff is seeking injury for injuries sustained in a motorcycle accident and the defendant is a government agency, the plaintiff has three years from the date of the accident to bring a case. In the event that a motorist operating a government vehicle is found to be at fault, the related government agency or subdivision will be the target of the lawsuit.
Product liability claims that caused injury due to defective motorcycle components such fuel tanks, throttles, or tires must be filed within four years after the injury. The statute of limitations is four years in cases where the defect leads to an injury, and it is two years in cases where the injury results in death.
You have a window of opportunity of four years to file a claim in court for compensation for property damage resulting from a motorbike accident.
Slips and Falls
For injuries sustained as a result of slipping and falling, the statute of limitations is four years.
When one person causes another person physical injury using force, this is called battery. The act of attempting to inflict injury or threatening to do so is known as assault. You have up to four years from the date of the occurrence to bring a case in accordance with Florida law if you are a victim of either of the two.
The defendant of a personal injury lawsuit can move to dismiss your case if you file past the statute of limitation. It is very probable that the court will deny your case and the judge will prohibit you from seeking any further legal action regarding your injury. Although your claims might be strong and convincing, they are nullified if you miss the statute of limitation; thus, loosing the ability to receive any compensation for your injury.
Call Nooney, Roberts, Hewett & Nowicki Now!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting clients seek the compensation they rightfully deserve. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive personal injury attorneys! ¡Hablamos español!
Our team of lawyers will be at your side, guiding you throughout the complicated legal process. Give us a call today!
[1] FLA. STAT. § 95
[2] FLA. STAT. § 768.28
[3] FLA. STAT. § 95.11(2)(b) 4 Id. at (4)(b) 5 Id.
