Understanding the Statute of Limitations for Personal Injury Cases in Florida

July 11, 2023


Personal injury cases are among the most common legal disputes in Florida. As such, it is important for any potential plaintiff to understand the statute of limitations for such cases.

The statute of limitations is the legal time limit for filing a personal injury lawsuit in a civil court. In Florida, that limit is four years from the date of the alleged injury. This means that any lawsuit must be filed within four years of the accident that caused the injury, or it will not be heard by the court.

The time limit can vary in other states, so it is important to understand the legal limit in your state before filing a case. It is also important to note that the statute of limitations may be extended in certain cases. For example, if the injury is not discovered until after the four-year limit has passed, the court may grant a one-time extension of up to two years.

The main purpose of a statute of limitations is to protect defendants from having to face stale claims. As time passes, evidence may become lost or destroyed, and witnesses may forget important details. Additionally, filing a lawsuit too long after the incident may indicate that the plaintiff did not take the injury seriously, or that the defendant has been unfairly prejudiced by the passage of time.

If you are considering filing a personal injury lawsuit in Florida, it is important to understand the statute of limitations. The four-year limit is strictly enforced, and any lawsuit filed even a day late will most likely be dismissed by the court. However, if you are filing a lawsuit after the statute of limitations has expired, it is important to contact a personal injury attorney who can help you determine if an extension may be granted.

Related Questions

What is the statute of limitations for personal injury cases in Florida?

The statute of limitations is four years from the date of the alleged injury.

Can the statute of limitations be extended?

Yes, if the injury is not discovered until after the four-year limit has passed, the court may grant a one-time extension of up to two years.

What is the purpose of a statute of limitations?

The main purpose of a statute of limitations is to protect defendants from having to face stale claims.

What happens if I file a lawsuit after the statute of limitations has expired?

Any lawsuit filed even a day late will most likely be dismissed by the court.

What should I do if I am filing a lawsuit after the statute of limitations has expired?

It is important to contact a personal injury attorney who can help you determine if an extension may be granted.

How long do I have to file a personal injury lawsuit in Florida?

You have four years from the date of the alleged injury to file a personal injury lawsuit in Florida.

What happens if I don't file a lawsuit within the statute of limitations?

The court will not hear your case if it is filed after the four-year limit has passed.

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