A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of Florida for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified Florida lawyer to find out how a statute of limitations applies to your situation.
Fraud:
Actions based on fraud must be filed within 4 years.
Libel-Slander-Defamation:
These types of actions must be filed within 2 years from the date of the action.
Medical Malpractice:
All actions against medical professionals must be filed within 2 years of the date of the act resulting in the injury, or within 2 years from the date the injury was, or reasonably should have been, discovered. However, no medical malpractice action may be filed more than 4 years after the date of the act resulting in the injury, unless the injured party is able to demonstrate the presence of fraud, concealment, or misrepresentation. In that situation, the limitations period is extended for an additional two years, but the total limitations period may not exceed 7 years from the date of the injury. An injured minor must file by his or her eighth birthday or within the statutory 2 year limitations period, whichever is greater.
Personal Injury:
Personal injury actions must be filed within 4 years from the date of the injury.
Statute of Limitations for Personal Injury Actions Chart
Product Liability:
Product liability actions must be filed within 4 years from the date of the injury.
Professional Malpractice:
All actions against professionals must be filed within 2 years of the date the act resulting in the injury was, or should have reasonably been, discovered.
Wrongful Death:
Wrongful death actions must be filed within 2 years of the date of death.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
