Florida Statute 95.11, commonly referred to as the Statute of Limitations, defines how long you have to file a lawsuit. If a lawsuit or action is not filed within the amount of time proscribed by statute, it will forever be barred which means that the lawsuit or action will not be heard by the court.
In Florida, the time to file a lawsuit depends on the type of action (i.e., the reason why you are suing another person or entity).
Generally for negligence (i.e., auto accidents, motorcycle accidents, boating accidents, etc.) the time for filing suit is 4 years from the date of the accident. Fl. Stat. 95.11(3)
(a) For intentional torts (assault, battery, false imprisonment, etc.) the time for filing suit is 4 years from the date of the incident. Fl. Stat. 95.11(3)(o).
For products liability or defective products the time for filing suit is 4 years from the date of injury. Fl. Stat. 95.11(3)(e).
For medical malpractice the time for filing is 2 years from the date of the negligent act. Fl. Stat. 95.11(4)(b).
In order to avoid a statute of limitations problem, it is important to seek legal counsel as soon as possible after you suffer an injury or are involved in an accident caused by another individual’s negligent actions. The times frames set forth above are not all encompassing. There are exceptions in many circumstances that will reduce the amount of time you have to file a lawsuit. It is imperative that you seek legal counsel right away if you have suffered an injury to ensure that your rights are protected.
For more information on the contents of this article or any other questions you may have, please contact Zweben Law Group.