How Does the Statute of Limitations Work in Florida Personal Injury Cases?
The purpose of a personal injury lawsuit is to seek compensation from the person or persons who caused you to suffer some measurable loss. For instance, if a reckless driver hits your car and you suffer serious injuries requiring medical treatment, you can file a personal injury lawsuit against the negligent driver to recover compensation not just for your hospital bills, but also your loss of income, pain and suffering, and other damages.
But you must act within a certain time limit to preserve your right to demand compensation. This time limit is known as the statute of limitations. In broad terms, a statute of limitations is a deadline created by the Florida legislature to file a specific type of lawsuit.
How the Law Changed in 2023
Under current Florida law, the statute of limitations for “[a]n action founded on negligence” is two years. This covers most common personal injury claims, such as those arising from a car accident. This means that you typically have two years from the date of your accident to file a personal injury lawsuit in Florida circuit court.
Note that the deadline imposed by the statute of limitations only refers to when you file and serve your lawsuit on the defendant. You are not expected to actually complete the litigation process in under two years. Indeed, a complex personal injury lawsuit may take several years to resolve. The deadline therefore only applies to the time for taking the first steps in formally initiating the lawsuit.
Florida’s two-year statute of limitations is actually a fairly recent change. Prior to March 24, 2023, the statute of limitations in personal injury cases was four years. On that date, new legislation took effect cutting the deadline in half, at least for cases where the injury occurred after March 24, 2023.
Deadlines for Specific Types of Personal Injury Claims
Florida also applies a two-year statute of limitations in wrongful death cases. However, the two-year clock starts from the date of the victim’s death as opposed to the date of their accident. In other words, if someone is critically injured in a car accident but dies in the hospital a week later, the deadline for their estate to bring a wrongful death claim would be two years from the date of death.
Similarly, there is also a two-year deadline to file a medical malpractice lawsuit, but the date that clock starts to run can vary. It may be two years from the date when the actual malpractice occurred. But it can also be two years from the date the victim discovered the malpractice. This often comes up in cases where a medical error does not become obvious until later, such as when a surgical instrument is left inside of a patient. However, Florida also has a four-year statute of repose, meaning that no matter when the malpractice is discovered, a lawsuit must be filed within four years of the date it occurred.
Contact a Miami Personal Injury Lawyer
The clock is always ticking when it comes to asserting your right to file a personal injury claim. That is why it is important to speak with a qualified Miami personal injury lawyer as soon as possible following your accident or other qualifying event. Contact Pita Weber Del Prado in Miami today at 305-670-2889 to schedule a free consultation.
