Many times we are asked about how long someone has to make a recovery or to sue on a claim in Florida. The answer is found in the statute of limitations laws of Florida. They govern the time to sue for all types of cases from insurance contracts to auto accidents.
As determined by Florida legislature, there are applicable statutes of limitation to each specific cause of action, otherwise known as the claim underlying the lawsuit. Each of these statutes limits the time period for which an injured person can file a lawsuit with regard to that injury, which usually begins to run at the date of that injury.
According to the wrongful death statute of limitations, an injured party has to file a lawsuit within two years of the date of the death which gave rise to the claim. For Personal Injury Actions as well as Products Liability Actions, the aggrieved party has four years of the date of the injury to file a lawsuit based on that injury.
There are special limited exceptions which apply to these rules when involving minors, however, the general rule is four years from the date of the injury sustained by the minor when the action is based on negligence.
Medical Malpractice Actions are more complicated. The applicable statute of limitations is two years from the date of the act which gives rise to the claim or within two years of the date when the injury was, or should have been, discovered. However, no action may be filed more than four years from the date of the act which gives rise to the claim, except for cases which can show that fraud, concealment, or intentional misrepresentation prevented discovery of the injury. In that event, the statute extends the time period for two more years, but not to exceed a total of seven from the date of the original injury. Also, these limitations apply to minors eight and older. If the minor is under eight, the suit must be filed by the minors eighth birthday or within the limitations period listed above, whichever is greater.
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