In Florida, there are maximum time deadlines for filing personal injury and wrongful death lawsuits. For each type of civil lawsuit, a specific statute of limitations (SOL) exists. SOL is a time period restriction that limits the how much time may pass after an injury for an accident victim or their surviving family members to file a civil claim against a potentially negligent or at-fault party.
In certain cases of negligence that result in permanent, debilitating injuries, filing a personal injury lawsuit is necessary to recover damages and cover the substantial medical expenses associated with the injury. This is especially applicable in serious, expensive medical cases such as traumatic brain injuries (TBI) or spinal cord injuries (SCI). In Florida, everyone should fully understand the statutes of limitation on both personal injury and wrongful death claims.
Personal Injury Lawsuits and Florida’s Statute of Limitations
Florida’s statute of limitations covers most cases in which negligence could result in another person being injured. According to Florida’s state senate website:
“95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows:
(5) WITHIN TWO YEARS.—
(a) An action founded on negligence”
Florida’s statute of limitations (SOL) is two years for personal injury claims, referred to by the law as “an action founded on negligence.” The two year time period begins on the date of the accident. However, there are certain circumstances that could extend the time allowed for filing a personal injury claim.
Wrongful Death Lawsuits and Florida’s Statute of Limitations
In serious accidents, the victim may be declared dead at the scene. Even if the accident victim receives emergency medical treatment or surgery, they may still pass away hours or days later. An injured individual who falls into a persistent vegetative state may be taken off of life support based on their last wishes. If the accident was due to another person’s negligence, the deceased victim’s surviving family members may be entitled to recover damages for final expenses, lost future income, and emotional anguish by way of a wrongful death lawsuit.
In Florida, the statute of limitations for wrongful death is two years from the date of death. The same time limit of two years also applies to medical malpractice claims linked to death. An injury victim’s surviving family members only have two years to file a civil claim. According to Florida’s state senate:
“95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows:
(4) WITHIN TWO YEARS.—
(b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered.”
(d) An action for wrongful death.
An experienced personal injury attorney can guide you through the process of filing a civil claim, whatever the circumstance. Even if considerable time has passed since your injury or since the death of a loved one, you may still be able to take legal action inside of the statute of limitations period. If you or someone you love has been injured or died from injuries suffered in an accident, you are strongly encouraged to share your case with an established personal injury attorney to explore your rights to recover damages for your loss.
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