Have you been injured in an accident that wasn’t your fault? If so, you may have a personal injury case. But it’s important to understand that the window to take legal action won’t stay open forever.
Personal injury law sets time limits, known as statutes of limitations, on how long you have to file a lawsuit seeking compensation for your injuries and other damages. Miss the deadline, and you usually lose your right to sue.
Why Statutes of Limitation Matter
We recognize that the days and weeks following an accident are extremely difficult. You’re likely focused on recovering from your injuries, not building a legal case. Plus, it takes time to fully grasp the impact an incident has had on your life.
However, statutes of limitation are designed to promote resolution of legal disputes in a timely manner. As time passes, evidence may be lost or memories can fade, making cases more difficult and expensive to litigate.
The clock starts ticking from the date of the injury or accident in most cases. However, Florida has a “discovery rule” for injuries that don’t manifest right away, which we’ll explain more below.
Time Limits for Common Personal Injury Cases in FL
Every type of personal injury case has its own statute of limitations under Florida law. Some of the most common include:
Auto Accident Injuries – 2 Years
You normally have two years from the date of a car, motorcycle, bicycle, pedestrian, or other auto-related accident to file a lawsuit against negligent drivers and other at-fault parties.
Premises Liability – 2 Years
If you’re injured on someone else’s property due to unsafe conditions, negligent security, etc., you typically have two years to sue the property owner or manager.
Slip and Fall – 2 Years for Bodily Injury, 4 Years for Property Damage
Got hurt in a slip, trip, and fall accident on someone else’s property? You normally have two years to file suit for injuries and four years for property damage claims.
Medical Malpractice – 2 Years from Incident or Within 2 Years of Discovering Injury
For injuries caused by a healthcare provider’s negligence, you have two years from the date of the incident. However, the “discovery rule” gives you up to two years from the date you realized, or reasonably should have realized, that you suffered harm from malpractice to sue.
Wrongful Death – 2 Years
If negligence or misconduct results in a loved one’s death, Florida gives surviving family members two years to file a wrongful death lawsuit against the responsible parties.
Exceptions – Minors and Defendants Leaving the State
There are some exceptions that can extend or “toll” statutes of limitations. Two key ones are:
- Minors – The clock doesn’t start until a child’s 18th birthday. Parents or guardians then have two years from that date to file suit on the minor’s behalf.
- Defendants Leaving Florida – If someone at fault for your injuries leaves the state, the limitations period is suspended while they remain gone. It resumes if and when they return.
Statutes of limitations can be complex. A personal injury attorney can help determine exactly how much time you have left to pursue a claim.
Don’t Let Time Run Out: Contact a FL Personal Injury Attorney Today
Sustaining long-term injuries that disrupt your life is hard enough without having to navigate complex legal waters on your own.
Don’t leave compensation for your injuries at risk. The dedicated attorneys at Purely Legal have helped injury victims across Florida recover millions of dollars from negligent parties. They’ll stand by your side every step of the way, fighting for maximum compensation.
If you have any questions or need legal advice regarding a personal injury case, visit Purely Legal online at https://www.purely.legal/ to schedule your consultation. Time may be limited, so don’t delay! Their team is there to help get your life back on track.
