How Long Is the Statute of Limitations for Personal Injury in Florida?

by | Sep 1, 2022 | Simmons Law Group

Unsure how to handle your personal injury claim? Call the Simmons Law Group at (407) 454-3000 for advice!

If a recent accident has left you or a loved one injured, you may seek justice, especially if another is at fault. That may seem difficult to do immediately after the accident, especially with other factors to take care of, including vehicle repairs, seeking medical treatment, and even planning a funeral for a loved one involved in the accident. That said, you can’t wait too long.

Many ask, “how long is the statute of limitations in Florida?” Knowing this gives you a deadline for pursuing legal action after your injury. At The Simmons Law Group, your trusted personal injury lawyers in Eatonville, FL, we take immediate action to help you fight for compensation. 

How Long Is the Statute of Limitations in Florida?

The statute of limitations lasts two to four years in Florida, depending on the type of personal injury case. 

Two-Year Limitations

  • Wrongful death: The survivor of an accident may file within two years starting from the date of death.
  • Medical malpractice: You have two years to file a claim, but if you don’t observe injuries until after two years, the state grants an additional two years.

Four-Year Limitations 

  • Car and truck accidents: You must file up to four years from the accident date.
  • Construction accidents: While you have up to four years to file for accidents at a construction site, you only have two years to file for accidents at other workplaces for workers’ compensation.
  • Catastrophic injuries: Usually, devastating accidents that leave the victim with extensive injuries or irreversible disabilities allow four years. 

Exceptions for a Set Statute of Limitations

The statute of limitations ensures a victim brings personal injury cases to the courts punctually. That way, litigators don’t need to expend extra effort resurfacing evidence or worrying about lost or altered facts. However, some exceptions change the answer to, “how long is the statute of limitations?” 

The Discovery Rule

Sometimes, illnesses or injuries aren’t apparent until years after an accident. That’s why some cases, like medical malpractice, allow you two full years from the injury discovery date rather than the date of the malpractice. Still, a statute of repose prevents you from filing a claim after four years, despite the discovery rule.

Tolling 

The state grants a pause in the statute of limitations if you are under 18 or incapacitated. Also, if the defendant is unreachable before or during the lawsuit, you’ll have more time to file your case. However, the statute of repose doesn’t give you more than seven years to file. 

My Legal Champions

An accident is disorienting and, for many, unprecedented. In this case, you may ask yourself, “where do I start, and how long is the statute of limitations?” Whether you want to know more about dealing with elder abuse, slip-and-fall accidents, or other personal injury cases, our experienced and professional small firm can set you on the right track. 

Trust The Simmons Law Group in Eatonville, FL. Call (407) 454-3000 today for legal aid!

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