What You Need to Know About the Florida Statute of Limitations for Personal Injury

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You’re walking down a Florida sidewalk on a sunny afternoon when suddenly, you trip on a poorly maintained section of pavement. As you nurse your injuries, you might think, “I’ll deal with this later.” But here’s the catch – in Florida, “later” might come sooner than you expect.

If you’ve been injured in the Sunshine State, time is now more of the essence than ever before. As of March 24, 2023, there is a significant change to the Florida statute of limitations for personal injury cases, and if you’ve been injured, understanding what it means for you is crucial.

Whether you’re a long-time Florida resident or a visitor who had the misfortune of getting injured during your stay, this blog will walk you through the recent changes, explain how they might affect your rights, and provide you with the essential information you need to protect yourself.

What Is a Statute of Limitations?

Before going over the specifics of Florida law, let’s clarify what a statute of limitations actually is. It’s a law that sets the maximum time after an event within which legal proceedings may be initiated. For personal injury cases, this “event” is typically the date when the injury occurred or was discovered.

The Current Florida Statute of Limitations for Personal Injury

As of March 24, 2023, Florida law has changed regarding the statute of limitations for personal injury cases. Here’s what you need to know:

  • For most personal injury cases, you now have two years from the date of the injury to file a lawsuit 
  • This is a significant change from the previous four-year limit

This new two-year limit applies specifically to negligence-based personal injury claims, such as:  

  • Car accidents
  • Slip and fall incidents 
  • Product liability   
  • Medical malpractice
  • Wrongful death

It’s important to clarify that wrongful death cases have always had a two-year statute of limitations, even before this recent change.

It’s also important to note that this change affects incidents that occurred on or after March 24, 2023. For injuries that happened before this date, the old four-year statute of limitations still applies.

What About Medical Malpractice?

While medical malpractice is included in personal injury law, it operates under a different statute of limitations. In Florida, you typically have two years from when the injury was discovered or should have been discovered to file a medical malpractice claim. However, no claim can be brought more than four years after the incident, unless fraud or concealment is involved.

Exceptions to the Rule

While the two-year limit is now the standard for most personal injury cases in Florida, there are some exceptions you should be aware of:

Discovery Rule

In some cases, you might not immediately realize you’ve been injured. Florida law recognizes this possibility through the “discovery rule.” This rule states that the statute of limitations begins when you knew or should have known about the injury. This is particularly relevant in cases involving latent injuries, such as toxic exposure or defective products.

Minors

If the injured person is under 18, the statute of limitations typically doesn’t begin until they turn 18. However, in medical malpractice cases, there are more specific rules that may limit this extension, especially if a parent or legal guardian was aware of the injury and could have filed a claim.

Government Entities

If your injury claim is against a government entity, there are different rules compared to claims against private individuals or companies. In Florida, you generally have three years to file a notice of claim against a state government entity or its agencies for personal injury. For wrongful death claims against a government entity, you have two years to file the notice of claim. After filing the notice of claim, the government has six months to respond—you cannot file a lawsuit until this period has passed. This process adds an additional step compared to claims against private parties, so it’s essential to act promptly.

Why the Change?

The Florida legislature implemented this change to align the state’s laws more closely with those of other states and to potentially reduce frivolous lawsuits. By reducing the statute of limitations, the state seeks to create consistency and streamline judicial efficiency. However, it also means you have less time to decide whether to pursue legal action.

The Importance of Acting Quickly

With the reduced time frame, it’s more crucial than ever to act promptly if you believe you have a personal injury claim. Here’s why:

  • Evidence preservation: The sooner you start your case, the easier it is to gather and preserve evidence that supports your claim. 
  • Witness memory: Witnesses’ memories fade over time. The quicker you can get statements, the more accurate they’re likely to be. 
  • Medical documentation: Prompt medical attention not only aids your recovery but also provides crucial documentation for your case. 
  • Negotiation time: Starting early gives your attorney more time to negotiate with insurance companies before needing to file a lawsuit.

Steps to Take After an Injury

To protect your rights under the new statute of limitations, consider taking these steps immediately after an injury:

  • Seek medical attention right away, even if you think your injuries are minor. 
  • Document everything related to the accident and your injuries, including photos, witness information, and medical records. 
  • Avoid discussing the incident on social media or with the other party’s insurance company. 
  • Consult with a Plantation personal injury attorney as soon as possible to understand your rights and options.

What About Maximum Medical Improvement (MMI)?

Maximum Medical Improvement (MMI) is an important term to be aware of in personal injury cases. This occurs when your medical provider determines that your condition has stabilized and is not expected to improve further. Reaching MMI is significant because it impacts the overall valuation of your claim. It’s another reason to start your case early and consult an attorney, so you’re not caught off-guard by MMI findings.

The Role of Personal Injury (PI) Lawyers

While you’re not required to have an attorney to file a personal injury claim, working with one can significantly benefit your case. PI lawyers can:

  • Ensure you meet all deadlines related to the statute of limitations
  • Handle communications with insurance companies
  • Gather and preserve evidence to support your claim
  • Accurately calculate the full extent of your damages
  • Negotiate on your behalf or represent you in court if necessary

As you can see, Florida’s recent changes to its statute of limitations for personal injury cases make it more important than ever to act quickly. Whether your case involves a car accident, slip and fall, or other injury, the new two-year deadline leaves little room for delay. By understanding these time limits and taking prompt action, you can protect your right to seek compensation for your injuries.

Remember, every case is unique, and there may be specific factors—such as the discovery rule, minor status, or government involvement—that could affect your timeline. If you have questions about how these laws apply to your case, it’s always best to consult with an experienced personal injury attorney who can provide guidance based on your specific circumstances.

Don’t Let Time Run Out on Your Personal Injury Claim

With Florida’s new two-year statute of limitations, it’s crucial to act promptly if you’ve been injured. At Cohen & Juda, we’ve been assisting clients throughout South Florida with various personal injury cases since 1999. Our attorneys, Harvey Cohen and Gary Juda, understand the intricacies of personal injury law and are ready to guide you through the process.

Take the first step towards protecting your rights by scheduling a free consultation with us. We’ll listen to your story, evaluate your case, and provide the guidance you need. Remember, we work on a contingency basis – you won’t pay any attorney fees or costs unless we win your case.

For your convenience, our team is available seven days a week to assist you. We handle cases throughout Florida and the U.S., working diligently to pursue the compensation you need to recover and move forward.

Don’t navigate the complexities of personal injury law alone, especially with the new time constraints. If you’ve been injured and have been searching online for “injuries lawyer near me,” contact Cohen & Juda instead at (954) 424-1440 to schedule your consultation with a Plantation personal injury attorney. If you prefer, visit our website to complete our confidential online form. Let us help you understand your rights and options before time runs out.

Copyright © 2024. Cohen and Juda, P.A. All rights reserved.

The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Cohen and Juda P.A.
8211 W Broward Blvd, Suite 310
Plantation, FL 33324
(954) 424-1440
https://www.cohenandjudaflorida.com/

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