The statute of limitations is a law that tells you how long you have to file a lawsuit. There are different deadlines for various types of clams. The deadline differs depending on the type of claim you are filing, whether it is a breach of contract or personal injury, for example.
The Florida Personal Injury Statute of Limitations
The general Florida personal injury statute of limitations is two years after the date of your injury. You need to be careful, however, because many possible exceptions apply to lengthen the statute of limitations or, in some cases (such as government claims) effectively shorten it.
The Grandfather Clause
On March 24, 2023, Florida shortened its statute of limitations period. If your claim arose before March 24, 2023, you have four years to file a lawsuit, not two. Talk to your lawyer if you have any questions.
Wrongful Death
The statute of limitations for wrongful death claims is generally two years from the date of death, not the date of injury. If death occurred instantaneously, these two dates will be the same.
The Discovery Rule
Suppose your doctor accidentally leaves a medical instrument inside your body during surgery. If you don’t know about it until a year later, the state will not hold the delay against you. The two-year statute of limitations period begins running when you discover, or should have discovered, your claim. The discovery rule applies to medical malpractice claims.
Medical Malpractice
Medical malpractice claims are subject to the general statute of limitations and its exceptions, except for a couple of extra rules. You cannot file a personal injury claim against a healthcare provider for an injury that occurred more than four years before the date of the lawsuit. This deadline can be extended to seven years in cases of intentional misrepresentation or fraudulent concealment.
Minors
If you were under 18 when your injury occurred, the statute of limitations countdown clock won’t begin ticking until you reach 18. Different rules apply, however, if you were the victim of medical malpractice.
Mental Incapacity
Suppose your injury puts you into a coma and you wake up three years later, well after the two-year deadline. Did you forfeit your claim? No. The statute of limitations clock stops ticking from the time you lose mental capacity to the time you regain mental capacity.
Government Entities
If the defendant is a government entity, you must comply with certain notice requirements and shorter time frames. The general statute of limitations and all of its exceptions still apply, however.
Intentional Torts
Claims involving an intentional tort can extend the statute of limitations deadline to four years after the incident.
Fraud
Suppose your discovery of your claim was delayed by the defendant’s fraud (falsifying medical records, for example). In that case, the 4-year statute of limitations will not begin running until you discover or should have discovered the fraud.
Out-Of-State Defendants
If the defendant leaves the state or hides so that you cannot serve process on them, the statute of limitations clock doesn’t start ticking until you are able to serve process on the defendant. Once the defendant returns to the jurisdiction, you still have to actually serve the process on them.
Asbestos-Related Claims
Asbestos claims have a four-year statute of limitations, but this doesn’t start until the exposed person discovers (or should have discovered) that they were exposed to asbestos.
Sexual Abuse
The standard statute of limitations for sexual abuse in Florida is four years, but there are many exceptions that drastically lengthen the statute of limitations deadline.
How to Beat the Statute of Limitations Deadline?
There are two ways to beat the statute of limitations deadline – by settlement or litigation.
Settlement
To beat the statute of limitations deadline, you need to finalize a settlement before the deadline expires. “Finalize” means both sides must sign a settlement agreement. Once this happens, your personal injury claim dies and a contractual obligation is born. If the defendant refuses to pay, you can take them to court on a contract claim and win money that way.
Litigation
To beat the statute of limitations deadline through litigation, you don’t have to finalize the lawsuit. All you have to do is initiate it. That means you must:
- File a lawsuit complaint with the court clerk
- File a court summons (tells the defendant what to do next) with the clerk
- Pay the appropriate fees to the court clerk
- Have a third party personally serve the complaint and summons on the defendant, or at least make a “diligent effort” to find and serve them
There are only a few ways to revive the statute of limitations deadline, and most plaintiffs don’t run into them.
If You Miss the Deadline, Can You Settle Your Claim?
Technically, you can still negotiate a settlement even if you miss the statute of limitations deadline. It is extremely unlikely, however, that the other side will even bother negotiating with you. Once you miss the statute of limitations deadline, you have no leverage over the defendant. After all, if you can’t sue them for the money anyway, why should they negotiate with you? They can (and almost certainly will) ignore you.
Don’t Wait Until the Statute of Limitations Deadline is Approaching to Contact a Lawyer
If you believe that you have a claim worth a substantial amount of money, you need to get a lawyer involved early in the claims process. The statute of limitations deadline is not the only time limitation you need to be concerned with. Witness memories fade, and physical evidence deteriorates, to name a few examples. Schedule a free initial consultation with the attorneys at Norden Leacox Accident & Injury Law today. You can call us at (407)-801-3000