Florida Statute of Limitations

If you have been injured in an accident, you might need to file a lawsuit against the person who caused the accident to recover fair compensation for your injuries. However, you have a limited amount of time to take legal action after an injury accident. Florida’s statute of limitations establishes a specific amount of time in which you can file a lawsuit in a personal injury case. If you don’t file your lawsuit within this time limit period, you could lose the right to recover compensation for your injuries and losses.

If you have been injured in Florida in an accident that wasn’t your fault, reach out to Zervos & Calta, PLLC for a free, no-obligation case review. We can let you know more about how long you have to file a lawsuit to pursue compensation. Talk to an experienced personal injury attorney from our firm to learn more about your options in your case.

What Is Florida’s Statute of Limitations?

The statute of limitations is a provision under Florida law that limits the time that a party has to initiate legal action against another party. Statutes of limitations can apply in both civil claims and criminal cases. The statute of limitations is meant to ensure that a legal claim is pursued promptly. If legal action isn’t begun before the statutory deadline for the case expires, any claim filed after the deadline can be dismissed by the court whether the case is valid or not.

For civil cases, statutes of limitations serve a couple of important purposes. First, by making sure that a case is filed promptly, the statute of limitations ensures that physical or documentary evidence isn’t lost and that witnesses’ memories don’t fade over time. If a claimant waits too long to file a lawsuit against a defendant, the defendant may have lost the opportunity to collect the evidence they need to defend themselves.

The statute of limitations also gives closure to the person against whom a claim may be filed. Once the statute of limitations period has passed on a claim, the potential defendant can move forward with the peace of mind that no claim is forthcoming or that no claim can legally be enforced against them.

What Are The Time Limits on the Statute of Limitations in Florida?

The statute of limitations is not always the same and depends on the circumstances of the case. For most injury claims, Florida has a two-year statute of limitations. This includes personal injury claims arising from motor vehicle accidents, slip and falls, medical malpractice, or even intentional assault and battery. However, wrongful death claims in Florida are subject to a two-year statute of limitations.

When Does the Clock Start on the Statute of Limitations in Florida?

The statute of limitations clock normally begins running for a claim when the cause of action accrues. A cause of action in a personal injury action usually begins on the date of the accident or when the injured party realizes that they have accident-related expenses or losses. In addition, the injured party must know the facts and circumstances giving rise to their claim, including the identity of the party or parties who can be held liable for their losses. In wrongful death cases, the clock begins on the date of the death.

Frequently Asked Questions Concerning the Statute of Limitations

Some of the questions that many of our clients have regarding Florida’s statute of limitations on civil cases include:

When is a personal injury claim considered to have “accrued” for the purposes of the statute of limitations?

In personal injury cases, a claim has accrued when a person is injured and has incurred expenses or losses that they can be financially compensated for. The injured party must also know that they have been injured and the identity of the party or parties who can be held liable.

When is a lawsuit considered “timely” under the statute of limitations?

Normally, a lawsuit is considered timely under the statute of limitations once it is filed in the appropriate court within the applicable statute of limitations. Once an injured person files a lawsuit, the plaintiff has a limited amount of time to serve a copy of the complaint and the summons on the defendants in the case. In some cases, a complaint may be dismissed for a procedural defect, or a plaintiff may add claims to their original complaint after the statute of limitations has expired. When that occurs, the amended complaint is considered to “relate back” to the original complaint. That means the amended complaint will still be viewed as being filed on time.

When does the statute of limitations not run on a claim?

Under certain circumstances, the running of the statute of limitations may be paused, or “tolled.” For personal injury claims, one of the most common reasons to toll the statute of limitations involves the discovery rule. This rule states that the limitations period does not begin to run until an injured party “discovers” their injury and the facts and circumstances that are the foundation of their legal claim. For example, in some medical malpractice cases, injured patients do not realize they were injured until months or years later. The discovery rule allows them to file a lawsuit once they discover the injury, subject to separate rules, known as the statute of repose.

There are other examples when personal injury claims are tolled. For example, the statute of limitations period doesn’t run for minors until they reach the age of 18 or for legally incapacitated persons while they are incapacitated.

Finding a Lawyer for Statute of Limitations Cases in Florida

Although you may have years after an accident in Florida to file a lawsuit against those liable for your injuries and losses, you should not wait too long to find a lawyer for your case. Investigating and preparing a personal injury claim takes time. If you delay talking to a lawyer about your case until right before the statute of limitations is set to expire on your claim, lawyers will often decline to take your case. That’s because they’ll have inadequate time to properly prepare a lawsuit, do their due diligence, before it must be filed to meet the statute of limitations deadline.

If you have questions about how Florida’s statute of limitations may apply in your personal injury case, turn to Zervos & Calta, PLLC for help. You can contact us by phone, live chat, or by filling out a contact form.

About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.