The statute of limitations determines how long you have to file a lawsuit after suffering an injury. Under Florida Statute § 95.11, personal injury claims based on negligence must now be filed within two years of the injury. This change, effective in 2023, reduced the previous four-year deadline to two years. If you miss this deadline, your case will likely be dismissed, regardless of evidence or circumstances.
Why the Statute of Limitations Exists
The statute of limitations provides a clear timeframe for filing claims and provides a structure that helps preserve evidence, as witnesses are more likely to remember events, and physical or documentary proof is easier to obtain. Without a defined limit, the quality of evidence could diminish over time and a fair outcome could be harder to achieve.
Deadlines also protect defendants from facing lawsuits long after an event, when they may no longer have the ability to defend themselves effectively. The law balances the injured party’s right to seek compensation with the need to avoid legal disputes arising years or even decades later.
The requirement for timely action prioritizes active cases and reduces delays, which gives claimants a fair chance to present their case while evidence is still fresh and allows defendants to address allegations with the necessary information still available.
Exceptions to the Personal Injury Statute of Limitations
Certain types of personal injury cases follow different rules:
- Medical Malpractice: Victims must file within 2 years of discovering the injury or when it reasonably should have been discovered. However, a “statute of repose” bars claims after 4 years from the date of the malpractice event, except in cases involving fraud or intentional concealment.
- Wrongful Death: Florida law imposes a 2-year statute of limitations for wrongful death cases under Florida Statutes § 95.11(5)(e).
- Government Claims: Claims against government entities often have shorter deadlines and specific pre-suit notice requirements. Injured parties may need to provide written notice to the appropriate agency within 6 months before filing a lawsuit.
- Tolling for Minors: When the injured party is a minor, deadlines may extend under certain circumstances. For example, the “eighth birthday” rule may apply, allowing claims to be filed up to the child’s 8th birthday in some cases.
- Intentional Torts and Strict Liability: Claims such as assault, battery, or product liability may have different time limits. Florida law typically requires intentional tort claims to be filed within 4 years, while strict liability cases may vary depending on the specifics.
An attorney familiar with the local statutes will explain which of these exceptions may apply to your case.Â
Tolling of the Statute of Limitations
Tolling refers to a temporary pause of the statute of limitations, which extends the time available to file a claim. Tolling applies in specific situations where it would be unfair or impractical to enforce the normal deadline.
Common scenarios where tolling may apply include:
- Minors: If the injured party is a minor, the statute of limitations may not begin until they reach a certain age.Â
- Incapacity: If the injured person is mentally incapacitated at the time of the injury, the deadline may pause until they regain capacity.
- Fraud or Concealment: In cases where the defendant deliberately conceals their wrongdoing, the statute of limitations may be paused until the harm is discovered.
- Pending Legal Proceedings: If a related case or legal proceeding delays filing, the clock may pause until the issue is resolved.
An attorney can determine if tolling applies and adjust your filing strategy accordingly.
The Role of Deadlines in Case Strategy
Not only does the statute of limitations define the timeline for filing a personal injury claim, it helps shape case strategy. Attorneys keep the statute of limitations in mind when deciding whether to settle or go to court. If the deadline is close, filing a lawsuit might be the only way to make sure the claim stays active. If there’s more time, they can push harder for a fair settlement without rushing into court.
Deadlines also help attorneys manage the pace of legal action. Filing early allows time to collect evidence, consult experts, and prepare for trial if necessary. Quick action also prevents insurance companies from delaying negotiations to pressure you into accepting a low settlement.
How to Stay Ahead of Deadlines
- Focus on Case-Specific Requirements: Each case type has unique steps. For government claims, you must file a written notice with the appropriate agency before suing. Medical malpractice cases may require a pre-suit investigation and affidavit from a medical expert.Â
- Avoid Wasting Time on Common Delays: Missing documents, incomplete forms, or waiting too long to consult an attorney can jeopardize your case. Address these issues immediately to keep the process moving forward.
- Strengthen Your Case with Fresh Evidence: Evidence like medical records, photos of the injury, and witness accounts are easiest to collect soon after the event. Waiting too long may result in lost proof or fading memories and make it harder to prove your claim.
Filing a claim outside the statute of limitations deadline can block you from recovering funds for ongoing medical expenses, lost wages, or other financial losses. Act quickly to maintain your right to seek this compensation.
Consulting a Personal Injury Attorney
A missed deadline can result in a lost case. Consulting an attorney will help keep your case on track and address issues like disputes over liability and relevant exceptions that could affect your claim.
If you were injured, contact the personal injury attorneys at Lesser, Landy, Smith & Siegel, PLLC, today for a free consultation. Our team will review your case and take immediate steps to protect your right to compensation.
