If you wish to pursue a legal remedy for wrongful conduct, the law allows you to do so within a certain time frame known as the statute of limitations. If you file your claim after the time limit, the court will likely refuse to hear your case. Since Florida’s statutes of limitations vary depending on the particular lawsuit, here is a brief overview of some of the Florida statutes of limitations based on Florida Statutes Annotated section 95.11.
Time Frame to File a Lawsuit for Personal Injury Claims
Although many types of civil actions fall under the personal injury category, the statutory period differs among several of them. Some of the most common personal injury claims include:
- Vehicle accidents
- Medical malpractice
- Product liability
- Wrongful death
- Premises liability
- Pedestrian accidents
According to Florida’s statutes of limitations, you have four years to pursue a personal injury claim, with the exception of wrongful death and medical malpractice claims. If you file a wrongful death claim, you must do so within two years from the death of your loved one. Similarly, you must file a medical malpractice claim two years from the date you detected your injury. The limitation applies to any individual from the age of eight and older. Moreover, you have only three years to file your claim if your suit is against a municipality, county, or government.
Civil Lawsuit Time Limits
In addition to personal injury claims, other civil actions and their statutory period are as follows:
- Injury to personal property: four years
- Fraud: four years
- Defamation/slander/libel: two years
- Written contracts: five years
- Oral contracts: four years
Exceptions to the Rule
Typically, the statute of limitations for pursuing a claim begins on the day the act occurred. However, sometimes the time frame will start later, such as if a victim of an auto accident or botched medical procedure does not learn of his or her injuries until later. This exception is termed the discovery of harm rule, but the delay in discovery must be within a reasonable period.
Another exception to the statute of limitations is if the statute becomes tolled, or is temporarily stopped. This exception can apply to injured victims who were mentally incompetent or minors at the time of the accident.
Contact Clark Hartpence Law for a Free Consultation
Filing a claim is full of complications and requires the skill of an experienced attorney who understands the full gamut of Florida’s laws including the statutes of limitations. For guidance with your claim, contact Clark Hartpence Law today.
If you or someone you love was involved in an accident, call us at (855) 680-4911 or schedule a free consultation.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.