If you were injured in an accident caused by someone else, one of the most important legal concepts for you to understand is the time limit you have to file a personal injury case. This is known as the statute of limitations. If you miss your filing deadline, you can lose your right to pursue financial compensation through the courts, regardless of how clear the liability is or how extensive your damages are.
The experienced personal injury attorneys at Gould Cooksey Fennell Law Firm can meet with you to discuss your case and the timeline that applies to it. Call us today at (772) 231-1100 to schedule a free consultation.
What Is a Statute of Limitations?
A statute of limitations is the time limit a party has to take certain actions. In a civil claim, this typically refers to the amount of time a plaintiff has to file a lawsuit against a defendant. Statutes of limitations also apply to criminal cases in which prosecutors must file charges against a defendant within a certain amount of time from the crime happening.
The statute of limitations for personal injury claims in Florida is generally two years, although there are certain circumstances by which that time period can vary. For this reason, it is best to contact an experience personal injury attorney right away if you have been injured by the negligence of another person. .
The statute of limitations serves as a countdown. The clock begins to tick after the accident occurs. You can lose the right to pursue your personal injury claim if the clock runs out.
Florida’s Former Statute of Limitations
In March 2023, Florida passed H.B. 837. Governor Ron DeSantis signed the bill into law. This new law reduced the statute of limitations from four years to two years for cases based on negligence. The law affects the filing deadline for accidents that occurred after the effective date of March 24, 2023. For cases that arose before then, the four-year filing deadline still applies.
For example, say you were injured in a car accident on February 1, 2023. Because the accident occurred before the new law’s effective date, you would have until February 1, 2027, to file your PI lawsuit.
But suppose the accident occurred on April 1, 2023. The two-year statute applies because the accident date occurred after the new law’s effective date. Therefore, you would only have until April 1, 2025, to file your lawsuit. If you fail to file your case before the two-year deadline, you can be barred from recovering compensation.
Statutes of Limitations for Different Types of Personal Injury Cases
Florida law specifically states that the two-year rule applies to “an action founded on negligence.” Negligence is the legal theory behind most personal injury claims. It means that someone failed to act with reasonable care and caused injury to someone else as a result. To prove negligence, you must be able to establish the following legal elements:
- The defendant owed you a duty of care. For example, motorists must obey traffic laws and take measures to avoid accidents.
- The defendant breached the duty of care. Continuing the example, another motorist may have been speeding or texting while driving at the time of the collision.
- The breach caused the accident. You must be able to link the defendant’s actions to the accident and your injuries.
- The plaintiff suffered damages. You must be able to show the defendant’s actions have harmed you in such a way that the court can award you damages against them, such as showing you suffered medical expenses, loss of income, pain and suffering, or loss of enjoyment of life.
Here are the statutes of limitations for different types of personal injury cases in Florida:
Car Accidents
Car accidents involving negligence fall under Florida’s two-year general rule. If you sue another motorist, you must do so within two years of the accident date.
However, keep in mind that Florida is a no-fault insurance state. If you want your Personal Injury Protection (PIP) policy to cover your medical expenses and lost wages, you must follow the 14-day accident rule by seeking medical treatment within 14 days of the crash.
Truck Accidents
Truck accidents in Florida are also subject to the two-year rule. However, if the claim is against a government agency, such as if it involved a city-run garbage truck or a government employee who was driving the vehicle, a three-year statute of limitations may apply. Claimants are subject to special notice requirements, including providing a notice of claim in writing. You must also wait for a 180-day investigation period to conclude before they can file a lawsuit.
Motorcycle Accidents
Motorcycle accidents based on negligence are also subject to the general rule. PIP insurance does not apply to motorcycle accidents in Florida.
Wrongful Death
Wrongful death lawsuits in Florida are also subject to a two-year rule. However, the statute of limitations runs from the date of the decedent’s death, not the date of the accident.
Product Liability Claims
In some cases, including those involving motor vehicle accidents, dangerous products may be responsible for injuries. If the legal action is based on the “design, manufacture, distribution, or sale of personal property” that is not permanently attached to real property, the filing deadline is four years from the accident date. Therefore, when alleging a defective product caused an injury, the claimant would have four years to file a product liability lawsuit. However, the two-year rule would still apply if the case is based on general negligence principles.
Additionally, claimants are limited by the statute of repose, which only allows a party to file a product liability action within twelve years after the first person purchased the item if the item has an expected life of ten years or less.
Construction Accident
Legal actions based on the design, planning, or improvement of real property are subject to a four-year statute of limitations. The time begins when the authority having jurisdiction over the property issues a certificate of occupancy or completion or the date of abandonment of construction if the job was not completed.
Libel
An action for libel or slander is also subject to the two-year filing deadline.
Medical Malpractice
Medical malpractice lawsuits are subject to the two-year filing deadline. However, the time may be tolled until the plaintiff discovers the mistake. We will discuss this concept in more detail in the next section.
Intentional Torts
Personal injury cases based on assault, battery, or other intentional misconduct can be filed within four years of the incident.
Why Do Statutes of Limitations Exist?
Statutes of limitations help compel timely legal action and promote closure. The judicial system does not want parties to feel in limbo, so the statute of limitations exists to provide a time limit by which an aggrieved party can seek legal redress.
The time limit also helps ensure that affected parties file cases within a reasonable time when evidence is more reliable. Over time, witnesses’ memories can fade, or they can move. Evidence can be lost or destroyed. By requiring claimants to file their cases within a specified time period, evidence is more likely to be accessible and serve justice.
When Does the Statute of Limitations Begin?
One of the most crucial aspects to understand about statutes of limitations is when they begin. In most situations, the time limit begins on the date of the accident. Therefore, if the statute of limitations is two years, the plaintiff has until the second anniversary of the accident date to file a personal injury lawsuit.
Legal Effect of Missing the Statute of Limitations
If you are injured in a personal injury accident and do not file a lawsuit before the statute of limitations expires, you can forfeit your right to recover compensation. Suppose you file a personal injury lawsuit after the applicable deadline. The defendant can raise this defense immediately and ask the court to dismiss the case because you did not file it in a timely manner. Even if the defendant is guilty and the evidence is clear, the court can refuse to hear the case on these grounds.
Exceptions to the Statutes of Limitations
Florida’s statute of limitations includes important exceptions. Florida Statutes § 95.051 explains when the statute of limitations is tolled or paused, including:
The Plaintiff Is a Minor
Minors under 18 years of age do not have the legal ability to file a lawsuit. The statute of limitations may be paused until they reach the age of 18, at which point the clock would start counting. Alternatively, parents can sue on their child’s behalf.
Incapacity of the Plaintiff
If a court had determined the plaintiff was incapacitated before the cause of action accrued, the case could be tolled during this period of incapacity. Victims with cognitive or physical disabilities may have difficulty initiating the legal process, so they may be granted additional time. However, they are subject to taking legal action within seven years of the negligent action.
The Defendant Is Absent from the State
Florida only has jurisdiction over people within its borders, so the statute of limitations is tolled if the defendant leaves the state.
The Defendant Has Evaded Process
If the defendant has taken measures to conceal themselves in the state or use a false name the plaintiff does not know, the statute of limitations can be tolled.
Discovery Rule
In some cases, including medical malpractice claims and product liability claims, the injured party may not be aware of the acts that gave rise to their legal cause of action. In these situations, the rule of discovery may apply. This means the statute of limitations does not begin until the plaintiff discovers their injury and its cause.
Our experienced attorneys can review your case and determine if any of these exceptions apply to your case.
How Can the Statute of Limitations Affect My Legal Claim?
Statutes of limitations set strict time limits for taking legal action. You may think you have ample time to file your case, but this time can quickly run out while you are concentrating on your recovery and resuming your responsibilities. If you miss the filing deadline, you can forfeit your right to compensation.
Insurance companies are also aware of the period of time you have to file a case. Some may intentionally delay the claims process so the statute of limitations runs out. If you think the insurance adjuster is intentionally delaying your case for this reason, reach out to an attorney with experience handling bad faith claims.
When Should I Contact a Lawyer After an Accident?
The sooner you contact an attorney after an accident, the better. You want to give your attorney plenty of time to investigate your case, gather evidence, file your claim, and negotiate with the insurance company. The best strategy is to leave your attorney ample time to prepare your claim for damages.
Contact Our Law Firm Today for a Free and Confidential Case Review
If another party injured you, the personal injury attorneys at Gould Cooksey Fennell Law Firm can discuss the legal deadline that applies to your case. We work diligently to investigate our client’s cases and negotiate for maximum compensation well before this deadline expires. Learn more about how we can help you with your personal injury case when you contact us for a free consultation.
