Statute of Limitations for Personal Injury Cases in Florida

In Florida, the statute of limitations for personal injury cases is generally four years from the date of the injury. This means that an individual who wants to file a lawsuit for personal injury must do so within four years of the date of the incident that caused the injury.

However, there are certain exceptions to the four-year time limit. For instance, if the injury was not immediately discovered, the clock may start ticking from the date the injury was discovered or should have been discovered with reasonable diligence. Similarly, for medical malpractice cases, Florida law has a two-year statute of limitations, but it may be extended to up to seven years in certain circumstances such as when the injury was not immediately discoverable, or when a foreign object was left in the patient's body.

In some cases, the statute of limitations may be paused or "tolled" temporarily, such as when the injured person is a minor or incapacitated, or when the defendant is out of state and cannot be served with a lawsuit. Additionally, the statute of limitations may be shortened or lengthened by contractual agreements in some cases.

If a person misses the deadline to file a lawsuit under the statute of limitations, they may lose their right to bring the claim altogether, unless there are exceptions that apply in their case. Therefore, it is important for anyone who has suffered a personal injury in Florida to consult with a licensed attorney as soon as possible to ensure they do not miss any applicable deadlines and to discuss potential exceptions and strategies for pursuing their claim.