If you’ve been affected by an accident or injury in Florida, you must know about recent changes to the state’s personal injury laws. These updates, made in 2023, include new rules on determining fault, who can be deemed liable in security negligence cases, and handling bad faith claims.
One crucial change you should be aware of is the new time limit for filing negligence-based personal injury claims, which is now reduced to two years. This means that if you don’t file within this period, you won’t be able to claim compensation for medical expenses, lost wages, damage to property, or other losses.
Focusing on these changes can be tricky, but our Florida personal injury attorney can guide you and help protect your rights. Don’t hesitate to seek legal advice to understand fully how these changes might affect your situation.
Overview of Statute of Limitations for a Personal Injury Lawsuit
A statute of limitations is essentially a countdown that starts ticking from when an incident occurs—an injury, an accident, or another legal harm. It sets a deadline for initiating a lawsuit to seek damages or compensation.
If you miss this deadline, unfortunately, you lose your chance to file your claim.
Why do we have these time limits? They help resolve legal disputes while the facts are fresh and evidence remains available.
This also means the person or entity sued doesn’t have to fear potential litigation indefinitely.
In Florida, for example, the specifics of these deadlines can vary widely depending on the type of lawsuit. You typically have four years to file a lawsuit for personal injury claims, starting from the incident date.
However, if your case involves medical malpractice, the time limit tightens to just two years. It’s always a good idea to check the specifics based on your situation as soon as possible.
There are exceptions, though. One key exception is the “discovery rule.”
If you didn’t know—and couldn’t reasonably have known—about the harm you suffered when it occurred, the clock might start ticking only when you discover the harm. But even then, Florida law places an ultimate limit on how long you can wait.
Navigating these deadlines can be tricky, but knowing about them is the first step towards taking timely action if you ever need to.
Know When You Can Delay Filing Your Injury Claim in Florida
Sometimes, the usual timeline to file an injury lawsuit in Florida can be extended under special circumstances.
Here’s a clear breakdown of when and how these exceptions apply:
- Discovery Rule: Late-Blooming Injuries: Ever had an injury appear weeks or months after an accident? That’s where the discovery rule comes into play, allowing the timeframe of limitations to start only when you first notice or should have reasonably noticed the injury.
- Fraudulent Concealment: When Key Facts Are Hidden: If someone in your case hides crucial information that delays your discovery of the injury, the time limit to start your lawsuit might be extended. This is known as fraudulent concealment.
- Minors: If a child is injured, the clock on the deadline might pause. In Florida, the time to file a claim can be extended until the child turns 18, giving families time to address the injury once it’s discovered.
- Mental Incapacity: For those who are mentally incapacitated at the time of the injury, Florida laws are more lenient. The deadline can be extended, offering up to seven years to file a claim, except in medical malpractice cases.
- Absence from the State: If the person responsible for the injury leaves Florida, the statute of restrictions is paused until they return, making it easier for the injured party to bring a case.
- Wrongful Death: In tragic circumstances of wrongful death, families have two years from the date of their loved one’s passing to file a claim. However, if there’s evidence of fraud or tampering, this period may be extended.
- Medical Malpractice: Typically, medical malpractice claims need to be filed within two years. But if there’s fraudulent activity, such as a healthcare provider hiding their mistake, the timeframe to file can be extended.
These extensions to the laws of limitations are designed to ensure fairness and allow justice to be served, even when complications arise. Always consider consulting with our legal professional to navigate these exceptions effectively.
Recent Update on Florida’s Personal Injury Laws
The National Safety Council (NSC) reports that in the U.S., someone sustains an injury every second, and every three minutes, a life is lost to a preventable accident.
Florida’s legislature introduced significant changes to the state’s tort laws under House Bill 837. One of the most impactful changes for personal injury victims is revising the deadline for filing claims
As of March 2023, Florida has updated its rules for how long you have to file a personal injury claim if it’s based on general negligence. The window to file has been cut from four years down to two.
This means that for any accidents occurring after March 24, 2023, you’ll need to act fast—you have just two years from the incident date to file your lawsuit. If you miss this timeframe, unfortunately, you won’t be able to seek compensation.
It’s important to note that most personal injury claims are based on negligence. This is when someone doesn’t uphold a reasonable standard of care, leading to harm.
However, claims can also arise from strict liability, particularly in faulty products or intentional acts that cause damage. Staying informed about these time limits can help you take the right steps if you ever find yourself in such a situation.
How Personal Injury Claims Work in Florida
You can file a personal injury claim in Florida if you’ve been injured because of someone else’s negligence, recklessness, or intentional actions. To succeed, you must show that the other party’s actions (or failure to act) directly caused your injuries.
The responsible party is liable for your economic and non-economic damages if proven. This means they may have to cover things like:
- Medical expenses, including surgery and hospital stays
- Lost wages due to time off work
- Decreased earning potential if your injury affects your ability to work long-term
- Transportation to and from the hospital
- Prescription medication costs
- Physical pain and suffering
- Loss of enjoyment or quality of life
If you face these challenges after an injury, a personal injury claim can help you recover the compensation you need to move forward.
Florida’s Statute of Limitations for Personal Injury Claims
A statute of limitations is a deadline for filing your personal injury claim. It’s a strict deadline; the court will likely dismiss your case if you miss it. This means you would lose your chance to receive compensation, even if you had a strong case.
To avoid this, it’s important to know how Florida’s personal injury statute of limitations applies to your situation. The best way to ensure you meet the deadline is to consult with a personal injury attorney as soon as possible.
According to Florida law (Section 95.11(4)), most personal injury cases must be filed within two years of the incident. This applies to common types of cases like:
- Slips and falls
- Car accidents
- Truck accidents
- Motorcycle accidents
- Premises liability
- Pedestrian and bicycle accidents
What Are the Exceptions to Florida’s New Statute of Limitations?
There are certain situations where the deadline can be paused, giving you more time to file a claim. Here are some standard exceptions:
- You didn’t know you were injured right away. If your injury wasn’t immediately apparent, the clock may start ticking when you discover it.
- The injured person is a minor. If a child is injured, the deadline is often extended until the child turns 18.
- The injured person was incapacitated. If someone is mentally or physically unable to file a claim at the time of the accident, the deadline might be extended.
- The at-fault party left the state. If the person responsible for the accident leaves Florida before you can file a claim, the deadline may be paused until they return.
- The at-fault party hid their involvement. If the person responsible for your injury takes steps to hide or prevent you from filing a claim, the clock may pause.
If you’re unsure whether your case qualifies for an extension, speaking with our attorney is a good idea. They can help you understand the rules and whether you still have time to file for compensation.
Don’t Worry! Our Personal Injury Lawyers Can Help You Out!
In most cases, the clock starts ticking from the moment you’re injured or when you first discover the injury. This rule ensures that claims are filed while evidence remains fresh, making the legal process fair for everyone involved.
That said, the law has its complexities. There are exceptions that can extend or shorten the time you have to file a claim.
This is why speaking with a Florida personal injury attorney early on is so important. They can help explain your options and ensure you don’t miss any important deadlines.
If you’ve been in an accident and suffered a personal injury, don’t wait—call us. Our experienced team is here to guide you through the process and help you get the compensation you deserve.
Contact us at (864) 664-3865, and we’ll work closely with you to build a strong case and pursue a full settlement.
