Florida laws set statutes of limitations for various types of lawsuits. The allowable timeframe depends on the type of claim that’s being launched. Once the deadline set by the statute of limitations expires, the claim typically can’t be brought to court.
Because of the strict nature of these time limits, it’s critical for anyone who has a potential claim to understand the specific limits that apply to their case.
When does the clock start?
One of the most important things to remember about these timeframes is that they start at the time of the incident that causes the issue. For example, a personal injury claim for a motor vehicle wreck would begin at the time of the crash because the injuries are likely noticeable at that time.
There are sometimes cases in which the time limit doesn’t start until the discovery of the issue. For example, a failure to diagnose claim’s clock wouldn’t start at the time of the misdiagnosis if the problem wasn’t discovered then. Instead, the clock starts at the time it’s discovered that the medical professional missed the diagnosis, despite having the necessary information to make the proper diagnosis.
What are the actual deadlines?
Some deadlines set by Florida law include:
- Professional malpractice: Most must be filed within two years, but there are exceptions for certain professions. Medical malpractice is two to four years.
- Personal injury: Claims must be initiated within four years of the injury.
- Property damage: Lawsuits must be filed within four years of the damage occurring.
- Fraud: Legal action based on fraud must be filed within four years of the incident.
- Breach of contract: Oral contracts have a four-year statute of limitations, but written contracts have a five-year statute of limitations, but only one year for specific performance.
Some of these claims may have extended time limits. Individuals who are considered legally incapacitated may have longer. Minors will typically also have extended timeframes to file claims.
Because of the limited time to get claims filed, it’s critical for victims to ensure they get started as quickly as possible. This can also help to ensure they have the evidence they need since evidence, including witness memory, can degrade over time.