When you have been hurt in Florida, you have a limited period of time to take legal action against those who caused you harm.
That’s because a statute of limitations applies that limits the time to make your case. Once that time limit has run out, your case will be time-barred and you won’t be able to pursue a claim for compensation or use the civil court system to get justice.
You don’t want to miss out on the chance to recover compensation when someone harmed you, so you should contact a Tampa personal injury lawyer right away.
At Diaco Law, we’ll begin working on building your case from day one, and we’ll take steps to ensure you don’t miss the statute of limitations and that you file your claim on time.
So, what is the Florida personal injury statute of limitations? Here’s what you need to know.
This is the statute of limitations for personal injury claims in Florida
Florida law establishes different time deadlines for different kinds of cases. For example, the time limit is as long as 20 years for legal actions based on judgments or court decrees recorded in Florida.
However, the deadline for taking legal action for a personal injury is much shorter. Specifically, there is a two-year time limit on claims based on:
- Negligence, which is what many personal injury claims, including car accident cases, are usually based on
- Professional malpractice, other than medical malpractice. The time clock starts at the time the cause of action is discovered or should have been discovered.
- Medical malpractice, with the statute of limitations running from the time of the incident, the time the incident was discovered, or the time that the incident should have been discovered with reasonable due diligence. There is a four year absolute maximum limit starting from the date of the incident or occurrences out of which the case arose. This doesn’t apply to minors if they were hurt before age 8, though.
- Wrongful death claims, which are brought by survivors after a person is killed in an accident
- Personal injury claims resulting from exposure to phenoxy herbicides
Dog bites, product liability claims, and claims arising out of assault and battery are also subject to this two-year timeline. However, claims against the government may have a three year statute of limitations depending on the type of claim.
Don’t miss filing by the time the statute of limitations ends
If you wait too long to file your civil claim, you could find yourself missing the statute of limitations and thus not being able to use the civil justice system to get a legal remedy.
Since you don’t want this to happen to you, you should reach out to an experienced attorney as soon as possible who can help you understand the deadline and move forward with building a solid case from day one.
Diaco Law will help you in the aftermath of your accident so we can get you the justice you deserve. Give us a call at (813) 221-7978 today or contact us online to schedule your free consultation and find out more about how a Tampa personal injury lawyer can help you file your claim within the statute of limitations and maximize the compensation resulting from the claim.