Florida Personal Injury Statute of Limitations
Statutes of limitations are important regulations in most legal actions, whether civil or criminal. Florida recently changed certain provisions in its personal injury statute of limitations. If you are ever involved in a personal injury case, these changes and other statute of limitations information are vital to know.
Why Is There a Statute of Limitations for Personal Injury Claims?
Statutes of limitation ensure that justice is served fairly and efficiently. These rules provide deadlines for legal action, recognizing that justice delayed is justice denied. The longer you wait to engage in any legal action, the higher the chance of undesirable results.
Some of these undesirable results include:
- Significant evidence problems
- Judicial inefficiency
- Lowering of legal standards
Regarding evidence issues, time has a deleterious effect on evidence, making proof problematic when significant amounts of time have lapsed since a particular incident.
For example, if you want to sue someone for a personal injury that occurred in 1997, you would likely have significant evidence of recovery problems. More importantly, the evidence would be suspect, especially witness testimony, because it is old and stale.
In reference to judicial inefficiency, the law attempts to maintain an efficient judiciary that can work through caseloads. Imagine what would happen without a statute of limitations for personal injury cases. The courts would be flooded with an impossible number of cases.
How Long Do I Have To File a Personal Injury Claim in Florida?
Before March of 2023, the statute of limitations for personal injury cases based on negligence in Florida was a whopping four years. Recent legislative action reduced this long-standing time limit by half.
However, personal injury claims for intentional torts remain under a statute of limitations of four years.
House Bill 837 and Changes to the Statute of Limitations in 2023
House Bill 837 reduced the statute of limitations to two years, effectively giving personal injury victims half the time they previously had. There are two types of claims to keep in mind about this change in the statute of limitations:
- Claims that accrue before March 24, 2023
- Claims that accrue after March 24, 2023
Those personal injury claims accrued before the new bill still fall under the four-year statute of limitations. For example, if you want to sue someone for an injury that occurred in 2021, you are permitted to file a lawsuit against them because your claim accrued before the new law and is within the previous four-year deadline.
However, suing someone for a claim that accrues after the new law was signed is governed by a two-year limitation.
When Does the Window To File a Personal Injury Claim Open?
When a personal injury claim accrues, it becomes valid as a cause of action. In Florida, the window to file a personal injury claim usually opens at the precise time of the injury.
For instance, if you were in a car accident on January 1, 2024, your window to file a personal injury claim opens that day. This means you have two years from that date to file a lawsuit.
But certain personal injury cases don’t accrue until days, weeks, or longer after an injurious event. Take medical malpractice cases. The result of medical negligence may not manifest itself as an injury until long after the negligent act. For this reason, these and other similar cases don’t file claims until they become aware of the injury.
Exceptions to the Florida Personal Injury Statute of Limitations
As is the case in many areas of law, there are exceptions to the statute of limitations for personal injuries in Florida. Understanding these exceptions is essential when it’s time to demand justice.
Claims Against a Government Entity
When the legislature shortened the personal injury statute of limitations from four to two years, it did so for most but not all personal injury claims. Claims against a government entity before the legislation was changed were under a three-year statute of limitations and continue to be.
However, if a death is involved in a claim and the claimant is seeking compensation for wrongful death, the statute of limitations is shortened to two years.
Child Sexual Abuse Allegations
Because of the horrific nature of child sexual abuse and related crimes, the State of Florida treats these cases differently for statute of limitations purposes. Children who have been abused sexually used to have seven years after their 18th birthday or:
- Four years after no longer being dependent upon the abuser
- Four years after becoming aware of injuries connected to child sex abuse
However, the legislature changed this as well in the new 2023 law.
Now, victims of child sex abuse have no time limit when seeking compensation for their losses when:
- The sexual abuse was done intentionally
- The child was under the age of 16 at the time of the act
If a child brings an action based on negligence leading to sexual assault, though, they will be subject to the default statute of limitations rule — seven years after the 18th birthday, etc.
Tolling in a Statute of Limitations Case
In certain instances, a plaintiff might have more than two years for a negligence-based personal injury claim. Under certain circumstances, the statute of limitations may be tolled or paused in the interest of justice.
Natural Disasters Resulting in the Closing of Governmental Office
Suppose a hurricane shuts down all non-emergency government offices and functions, and you have a lawsuit to file. But you can’t serve the defendant or file your paperwork with the government offices shut down. In such a case, the statute of limitations would be tolled until the courts reopened.
Defendant Fleeing the Jurisdiction
When filing your lawsuit, you must also serve the defendant with process. Sometimes, however, defendants become aware of pending lawsuits and disappear from the jurisdiction.
However, the principles of fairness do not allow a defendant to escape liability so easily. The law tolls the statute of limitations when a defendant flees to escape a judgment.
Temporary Incapacitation
Temporary incapacitation will also toll the statute of limitations. Incapacitations in this context include mental incapacitation and legal incapacitation, such as imprisonment.
A Minor Plaintiff
Parents may file on their behalf when a minor victim is involved in a personal injury lawsuit based on negligence because children cannot file lawsuits themselves. Generally speaking, the time limit for a minor with parents or guardians is seven years. The statute may be tolled longer without a parent or guardian, depending on the circumstances.
Consult an Attorney as Early as Possible
If you have been injured recently, you may think two years is a long time. But it’s important to hire a personal injury attorney as soon as possible after an incident.
Although you may beat the statute of limitations, you will likely have other problems caused by waiting. For instance, evidence can become extremely problematic when you wait too long to file a personal injury case. Witnesses become difficult to locate, and their testimonies, which should be taken as close to an incident as possible, become more unreliable as the months march on.
Additionally, camera footage, which can help immensely in many different types of personal injury cases, is usually erased after a period of time. Waiting too long almost ensures you will have little to no video evidence for your claim.
How Bernstein & Maryanoff Injury Attorneys Can Help You After an Injury
If someone else injures you, you deserve to pursue full compensation and need an experienced personal injury lawyer to break through the obstacles in your way. Obstacle number one is typically an insurance company that refuses to cover your damages.
Our team knows how to compel insurance adjusters to pay what they owe. We work to build the strongest case possible and handle every step of your claim, including:
- Thorough incident investigations
- Evidence gathering and analysis
- Detailed paperwork and document management
- Fierce negotiations with insurance companies
- Discovery and depositions
- Trial
With the dedicated team at Bernstein & Maryanoff Injury Attorneys on your side, you can focus on recovering from the wrongs done to you — even if insurance denied your claim.
Call Our Premier Miami Personal Injury Lawyers Today
You don’t have to face the aftermath of your accident alone. Let us fight for the compensation you deserve on your behalf.
Citations:
