What Is the Statute of Limitations for Filing a Personal Injury Claim in Florida?

Many people assume that they can file a lawsuit at any time. However, the law in Florida sets time limits on a variety of claims, including those for personal injury. There are different statutes of limitations for different types of personal injury, as well as a few instances where the statute of limitations is extended.

What Is a Statute of Limitations?

A statute of limitations is basically a time limit on filing a lawsuit for a crime or injury. Once this time passes, the victim cannot make a claim. The exact statute of limitations for personal injury varies from state to state, from one to six years. This is why it is very important to see a personal injury attorney in your state as soon as possible after you have been wronged by another party. Some people assume that they need to save up for a lawyer, but this is not necessary. Many personal injury attorneys will review your incident and make a recommendation without charging any fees, and then wait until your claim is paid to collect their fees.

Statute of Limitations for Personal Injury in Florida

The statutes of limitations in Florida vary by the type of personal injury. Most personal injuries have a statute of limitations of four years. This includes product liability, vehicle accidents, and other common types of personal injury. However, this is lowered to two years for malpractice, including medical malpractice, and wrongful death. It is important to discuss your case with a lawyer as soon as possible after an incident so you can find out which statute of limitations applies to your situation.

Exceptions to the Rule

Many states do not start the “clock” on claims for the personal injury of a minor until the minor has turned eighteen. This is due to the fact that minors cannot usually file lawsuits on their own. A minor who has suffered personal injury is thus allowed to file a lawsuit for several years after they become an adult.

There is also a “Discovery of Harm” rule. If a personal injury takes a while to be discovered (for example, if a medical mistake left a person infertile and they do not realize this until they try to conceive five years later), the statute of limitations may be extended so that the time starts at the point that the injury is discovered. It is important to see a Florida personal injury attorney immediately if you believe any of these exceptions apply to you.

The Florida laws regarding personal injury claims are complicated. It is important to contact a Florida injury lawyer at the Law Offices of Jose Francisco so that you can complete the process of filing a lawsuit or claim, and get the compensation that you deserve.


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