What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In personal injury cases, the statute of limitations begins to run from the date of the injury or, in some cases, from the date the injury was discovered or should have been discovered.
If you fail to file your lawsuit within the applicable statute of limitations, your claim is permanently barred regardless of its merit. This is one of the most critical deadlines in the legal system, and missing it means losing your right to compensation forever.
Florida’s Key Filing Deadlines
Florida has specific time limits for different types of personal injury claims:
- General personal injury: Claims must be filed within the time period prescribed by Florida law from the date of injury
- Medical malpractice: Subject to both a statute of limitations from discovery and a statute of repose from the date of the negligent act
- Wrongful death: Separate time limits apply for wrongful death actions
- Product liability: Time limits run from the date of injury, with additional repose periods for certain claims
- Claims against government entities: Require written notice within a significantly shorter time period
Note: Florida’s statutes of limitations have been modified by recent legislative changes. Contact our office for the most current deadlines applicable to your claim.
What Is a Statute of Repose?
A statute of repose differs from a statute of limitations. While a statute of limitations runs from the date of injury or discovery, a statute of repose sets an absolute deadline measured from the date of the defendant’s act or omission — regardless of when the injury occurs or is discovered.
In medical malpractice cases, for example, Florida’s statute of repose may bar claims filed beyond a certain number of years from the date of the negligent medical treatment, even if the patient did not discover the injury until much later. Limited exceptions exist for cases involving fraud, concealment, or foreign objects left in the body.
Do Not Delay — Contact Us Today
Because of these strict deadlines, it is essential that you contact an attorney as soon as possible after an injury. Building a strong case takes time, and starting early gives your attorney the best opportunity to investigate, gather evidence, retain experts, and prepare your claim for the best possible outcome.
Contact Roselli & McNelis today at (561) 826-0826 for a free consultation. We will evaluate your case and ensure that all applicable deadlines are met.