Florida Statutes of Limitations & What you Need to Know

If you have been injured in an accident, and that accident was caused at least in part by someone else’s negligence, you may be eligible for compensation in a personal injury claim. However, according to Florida statutes of limitations, there is a specific time frame in which you may take action against the guilty party.

Florida Statutes of Limitations by Category

According to Florida statutes of limitations, these are the time limits which apply in each of the following cases:

Negligence/Personal Injury

In a standard personal injury case-such as those stemming from a car accident or slip and fall - the Florida statute of limitations to file a personal injury claim is 4 years with discovery rule.

If a personal injury claim has not been started, or is in litigation and the plaintiff dies as a result of their personal injuries, there can be no personal injury action.

Wrongful Death

In a Florida wrongful death case, the Florida statute of limitations to file a wrongful death claim is 2 years from the date of death.

Medical Malpractice

In a case involving medical negligence, the Florida statute of limitations to file a medical malpractice claim is 2 years with discovery rule, or 4 years under the statute of repose. The 4-year limit associated with the statute of repose is quite strict and means that even if you couldn’t have known about your injuries until years past the 4-year mark, you are still prohibited from filing a claim.

The Florida medical malpractice statute of limitations applies to minors aged 8 years and older. In the case of an infant, a medical malpractice suit must be brought by the 8th birthday, or within the Florida statutes of limitations, whichever one is greater.

What is Florida’s Discovery Rule?

According to the discovery rule, Florida statutes of limitations begin counting from the date the injury is-or should have been-discovered.

Assuming you have met the Florida statute of limitations, you may be eligible to file for compensation in a Florida personal injury claim.

What Damages Can I Recover in a Personal Injury Claim?

In a personal injury claim, the damages that you can recover will depend on the type of claim. For instance, in a negligence/personal injury claim, you may be compensated for:

  • your medical expenses;
  • any disability or disfigurement;
  • the cost of physical rehabilitation;
  • the expense of outfitting a home and/or automobile to be handicap-accessible;
  • the cost of any necessary medical devices (walkers, wheelchairs, artificial limbs, etc.);
  • any physical pain or emotional anguish you suffered; and
  • any wages (past, present or future) that may have been lost as a result of your personal injuries.

In a wrongful death claim, you may be compensated for:

  • the deceased’s medical expenses that occurred as a result of the injury and prior to death;
  • the funeral and burial costs;
  • the loss of guidance, support and companionship;
  • the loss of services (such as child care, household upkeep, and transportation);
  • loss of household income; and
  • any mental pain or anguish that you suffered as a result of your loss.
Jim Dodson
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A Florida injury lawyer, family man and avid cyclist who clients have trusted for over 25 years.