Florida Statute of Limitations and its Affect on Florida Personal Injury Accidents and Cases

Florida Statute of Limitations_fightsforyou.netWhen one is injured in a Florida accident, a question always asked of a Florida injury lawyer is how long do I have to file a lawsuit or claim against the negligent or at fault party. This time period is called the Florida Statute of Limitations, a time frame that the Florida legislature has assigned to a particular type of accident or cause of action (such as a car accident, bicycle accident, wrongful death, medical malpractice, uninsured or underinsured motorist claim, pedestrian accident, motorcycle accident, taxi accident, bus accident, van accident, construction site accident, etc.) and which restricts the amount of time an that an injured person can file a Florida lawsuit. Once this Florida Statute of Limitations time period expires, Florida Courts no longer have jurisdiction over the particular accident and lawsuits can no longer be filed. It should be noted that the statute of limitations period for different types of cases varies across the country, so the Florida Statute of Limitations time period applicable to a Key West bicycle accident can be quite different than a bicycle accident that occurs in another state. Additionally, there is also somethings called a Statute of Repose which is the ultimate time period upon which a Florida accident lawsuit can be filed — this is usually a time period that exceeds the Statute of Limitations and to which no lawsuit can be filed beyond this time period.

The Following are some of the Statute of Limitation periods applicable to Florida injury and accident lawsuits:

FLORIDA WRONGFUL DEATH LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(4)(d), the Florida Statute of Limitations period applicable to Florida wrongful death claims, is two years. However, according to Florida Statute § 95.11(10), the Florida Statute of Limitations for wrongful death claims arising out of intentional torts such as murder or manslaughter, can be brought at any time.

FLORIDA PERSONAL INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(3)(a), the Florida Statute of Limitations period applicable to Florida personal injury claims (ie., negligence) is four years from the date of the accident.

FLORIDA MEDICAL MALPRACTICE LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(4)(b), the Florida Statute of Limitations period applicable to Florida medical malpractice claims (ie., medical, doctor, hospital or nurse negligence) is two years  from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.

FLORIDA PRODUCTS LIABILITY (DEFECTS) INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(3)(e), the Florida Statute of Limitations period applicable to Florida products liability accident claims (ie., arising out of the negligent design, negligent manufacturing, distribution, or sale of a product) is four years from the date of the accident. Moreover, according to Florida Statute § 95.031(2)(b), an action for products liability under s. 95.11(3) must be begun within the period prescribed in this chapter, with the period running from the date that the facts giving rise to the cause of action were discovered, or should have been discovered with the exercise of due diligence, rather than running from any other date prescribed elsewhere in s. 95.11(3), except as provided within this subsection. Under no circumstances may a claimant commence an action for products liability, including a wrongful death action or any other claim arising from personal injury or property damage caused by a product, to recover for harm allegedly caused by a product with an expected useful life of 10 years or less, if the harm was caused by exposure to or use of the product more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product.

All products, except those included within subparagraph 1. (aircraft used in commercial or contract carrying of passengers or freight, vessels of more than 100 gross tons, railroad equipment used in commercial or contract carrying of passengers or freight, and improvements to real property, including elevators and escalators, are not subject to the statute of repose provided within this subsection) or subparagraph 2 (any product not listed in subparagraph 1., which the manufacturer specifically warranted, through express representation or labeling, as having an expected useful life exceeding 10 years, has an expected useful life commensurate with the time period indicated by the warranty or label. Under such circumstances, no action for products liability may be brought after the expected useful life of the product, or more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product, whichever is later), are conclusively presumed to have an expected useful life of 10 years or less.

As to the products listed in subparagraph 1 (ie., aircraft, vessels, railroad equipment, elevators and escalators), except for escalators, elevators, and improvements to real property, no action for products liability may be brought more than 20 years after delivery of the product to its first purchaser or lessor who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product. However, if the manufacturer specifically warranted, through express representation or labeling, that the product has an expected useful life exceeding 20 years, the repose period shall be the time period warranted in representations or label.

FLORIDA SLIP TRIP AND FALL ACCIDENT INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(3)(a), the Florida Statute of Limitations period applicable to Florida slip and fall or  trip and fall accident claims (ie., negligence) is four years from the date of the accident.

FLORIDA CONSTRUCTION SITE INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(3)(a), the Florida Statute of Limitations period applicable to Florida construction site injury claims (ie., scaffolding accidents, forklift accidents, flag man accidents and crane accidents due to the negligence of another) is four years from the date of the accident.

FLORIDA NURSING HOME NEGLIGENCE AND ABUSE LAWSUITS AND CASES:

In general, according to Florida Statute §400.0236, the Florida Statute of Limitations period applicable to Florida nursing home negligence and abuse claims is 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued. In those actions in which it can be shown that fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward 2 years from the time that the injury is discovered with the exercise of due diligence, but in no event for more than 6 years from the date the incident giving rise to the injury occurred.

FLORIDA ASSISTED LIVING FACILITY NEGLIGENCE AND ABUSE LAWSUITS AND CASES:

In general, according to Florida Statute §429.296, the Florida Statute of Limitations period applicable to Florida assisted living facility negligence and abuse claims is 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued.  In those actions covered by this subsection in which it can be shown that fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward 2 years from the time that the injury is discovered with the exercise of due diligence, but in no event not more than 6 years from the date the incident giving rise to the injury occurred.

FLORIDA CAR ACCIDENT INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(3)(a), the Florida Statute of Limitations period applicable to Florida car accident claims (ie., negligence) is four years from the date of the accident.

FLORIDA TRUCK ACCIDENT INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(3)(a), the Florida Statute of Limitations period applicable to Florida truck accident claims (ie., negligence) is four years from the date of the accident.

FLORIDA BICYCLE ACCIDENT INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(3)(a), the Florida Statute of Limitations period applicable to Florida bicycle accident claims (ie., negligence) is four years from the date of the accident.

FLORIDA MOTORCYCLE ACCIDENT INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(3)(a), the Florida Statute of Limitations period applicable to Florida motorcycle accident claims (ie., negligence) is four years from the date of the accident.

FLORIDA PEDESTRIAN ACCIDENT INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(3)(a), the Florida Statute of Limitations period applicable to Florida pedestrian accident claims (ie., negligence) is four years from the date of the accident.

FLORIDA CRUISE PASSENGER ACCIDENT INJURY LAWSUITS AND CASES:

In general, the Florida Statute of Limitations period applicable to Florida cruise passenger accident claims (ie., negligence) is one year from the date of the accident.  This limitations period is prescribed in the cruise contract documents and also usually includes a six month time period to put the cruise line on notice of the potential personal injury claim.

FLORIDA UNDERINSURED MOTORIST OR UNINSURED MOTORIST ACCIDENT INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(2)(b), the Florida Statute of Limitations period applicable to Florida underinsured motorist or uninsured motorist accident claims (ie., a claim based on the breach of a written contract) is five years.

FLORIDA ASSAULT BATTERY OR INTENTIONAL TORT INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(3)(o), the Florida Statute of Limitations period applicable to Florida assault, battery (such as improper touching at a massage parlor or spa), false arrest, malicious prosecution, malicious interference, false imprisonment or any other intentional tort type claims, is four years from the date of the incident.

FLORIDA NEGLIGENT SECURITY OR CRIME VICTIM ACCIDENT INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(3)(a), the Florida Statute of Limitations period applicable to Florida negligent security or crime victim accident claims (ie., being shot in the parking lot of a mall or commercial retailer, being robbed in a hotel, restaurant, or condominium, being beat up in a bar or other retail establishment, etc.) is four years from the date of the accident.

FLORIDA BOATING JET SKI OR OTHER MARITIME OR ADMIRALTY ACCIDENT INJURY LAWSUITS AND CASES:

In general, according to 46 U.S.C.A. § 30106 , the Statute of Limitations period applicable to Florida boating, jet ski, personal watercraft, wave rider or any other type of  boating accident claim that occurs on navigable waters (ie., a civil action for damages for personal injury or death arising out of a maritime tort) is three years from the date of the accident.

FLORIDA LIBEL SLANDER OR DEFAMATION LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(4)(g), the Florida Statute of Limitations period applicable to Florida libel, slander or defamation claims is two years from the date of the defamatory statement.

FLORIDA CHILD ABUSE OR ADULT ABUSE ACCIDENT INJURY LAWSUITS AND CASES:

In general, according to Florida Statute § 95.11(7), the Florida Statute of Limitations period applicable to Florida child or adult abuse cases (as defined in s. 39.01, s. 415.102, or s. 984.03, or incest, as defined in s. 826.04), may be commenced at any time within 7 years after the age of majority, or within 4 years after the injured person leaves the dependency of the abuser, or within 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later.

Moral of the Story: if you are injured or a fatality (ie., wrongful death) occurs due to a Miami Florida accident, whether you are a pedestrian hit by a motorcycle, a construction site worker that falls off scaffolding, a driver or passenger injured in a car or truck accident, whether it happens in Orlando, Kissimmee, Lake Buena Vista, Marco Island, Davie, Sunrise, Pembroke Pines, Parkland, Tamarac, Coral Springs, Hollywood, Allapattah, Miami Gardens, Aventura, Tamiami, Kendale Lakes, The Hammocks, Miami Beach, Hialeah, West Kendall, Homestead, the Florida Keys, Weston, Florida City, Cutler Bay, Miami Shores, Sunny Isles, Opa-locka, Miami Lakes, West Palm Beach, Key West or another area within Miami, Fort Lauderdale or Palm Beach, or anywhere in Miami-Dade, Broward, Palm Beach or Monroe Counties, know that the Florida Statute of Limitations applicable to your Hialeah accident claim or Homestead injury lawsuit, is important to know as a claim can be barred if the Florida Statute of Limitations expires, to which this may require the retention of a Fort Lauderdale, Florida accident lawyer or a Miami Beach injury lawyer, given the many complexities involved when analyzing Florida’s statute of limitations (SOL) applicable to the various accident claims referenced above.

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