Florida Personal Injury Attorney Explains: The Statute of Limitations and Key Exceptions

A slip and fall accident in a grocery store emphasizes the importance of safety measures. If you experience such an incident, a Florida personal injury attorney can help you understand your legal rights and options.

What is the statute of limitations for personal injury lawsuits in Florida?

The statute of limitations for most personal injury lawsuits in Florida is two years, according to Florida Statutes § 95.11(3)(a). This includes cases such as car accidents, truck accidents, motorcycle, bicycle, or pedestrian accidents, dog bites, slip and fall, and premises liability.

What happens if the victim dies from their injuries?

If the victim dies from their injuries, even weeks or months after the incident, the case becomes a wrongful death claim. The statute of limitations for wrongful death claims in Florida is also two years from the date of the death, as per Florida Statutes § 95.11(4)(d).

Are there any exceptions to the two-year statute of limitations for personal injury cases in Florida?

Yes, there are some exceptions. For medical malpractice claims, the statute of limitations is typically two years, but it may be extended up to four years depending on the circumstances

of the case (Florida Statutes § 95.11(4)(b)). For injuries from nursing home abuse, the deadline is usually two years (Florida Statutes § 400.0236). If you suffered harm from a defective or dangerous product, the deadline might be longer than two years, depending on the situation.

What is the statute of limitations when suing the government for personal injury in Florida?

When your claim is against a local, state, or federal government agency, the statute of limitations could be much shorter than in a typical injury claim. You might have only six months or one year to file legal action. Additionally, you might have to exhaust administrative remedies before qualifying to take the government to court, and sometimes, the administrative process must be started within the first 30 days of the incident in question.

How does the statute of limitations work when a child is injured in Florida?

Florida law prohibits minor children from filing lawsuits in their own name. If a minor child is injured, a parent can petition the court to take legal action on behalf of the child. When the child turns 18, they might be able to file an injury lawsuit on their own. The rules involving minor children in injury cases are complex, so it's best to consult with a personal injury lawyer to understand your options.

When does the clock start running in an injury case in Florida?

The statute of limitations begins at one of three different points, depending on the circumstances:

1. In most injury claims, the statute of limitations starts on the date of the injury.

2. If the harm is not immediately apparent, the deadline could start on the date the plaintiff discovered or should have discovered the damage.

3. In wrongful death cases, the two-year statute of limitations starts on the date of death, not the date of the injury.
   

If you or a loved one has been injured and are unsure about the statute of limitations for your case, don't wait until it's too late. An experienced Florida personal injury attorney should be your first call. Contact Attorney Kelly McCue today to discuss your options and ensure your rights are protected. Schedule a free consultation with our experienced legal team now and take the first step towards getting the compensation you deserve.