When handling a personal injury claim in Fort Lauderdale, FL, the process allows you to do various things to make sure you build a winning case. However, you do not have all the time to act, because legal timelines govern the cases. The statute of limitations means that you have only a limited time to initiate a personal injury claim or forfeit your right to seek compensation.
However, the statute of limitations is a complex topic, especially when it comes to unique situations that may toll the clock. As such, it is advisable to work with a personal injury lawyer from Winston Law for legal support. Your attorney will ensure that your claim adheres to all stipulated deadlines and can withstand any legal scrutiny.
Read on to understand Florida’s statute of limitations for personal injury claims so you can better manage your case.
Statute of Limitations for Florida Personal Injury Claims
For years, Florida’s personal injury law gave injury victims a generous four years to file a lawsuit. However, this changed on March 24, 2023, when Governor Ron DeSantis signed House Bill 837 (HB 837) into law. The bill’s most significant change for injury victims was the slashing of the statute of limitations for negligence claims to two years. This deadline applies to most negligence-based claims, including the following:
- Car accidents
- Slip & fall
- Dog bites
- Bicycle accidents
- Pedestrian accidents
- Truck accidents
- Premises liability cases
- Burn injury cases
If you initiate a lawsuit after the statute of limitations has lapsed, the defendant may ask the court to dismiss your case. The judge will have no choice but to grant the dismissal, and you will be permanently barred from seeking compensation through the courts.
However, the law recognizes that there are various scenarios that can make the strict two-year countdown unfair. In limited situations, the statute of limitations can be paused or delayed. These exceptions are narrowly applied and require strong evidence. Here are the circumstances that can warrant tolling of the statute of limitations in Fort Lauderdale, FL:
- The “Discovery Rule”: This applies when an injury or its cause could not have been reasonably discovered right away. The clock starts when the injury is discovered, or should have been. For example, if someone experiences chronic respiratory problems years after exposure to toxic fumes, the legal timeframe for reporting the injury would begin when they become aware of the connection between their symptoms and the exposure.
- The Plaintiff is a Minor: If the injured party is under 18, the statute of limitations is typically paused until they turn 18. They then have the standard time period, which is two years, to initiate a claim once they reach legal age.
- The Plaintiff is Legally Incapacitated: If a court has declared the injured person mentally incapacitated, the deadline is tolled until the incapacity is lifted.
- The Defendant Cannot Be Found: If the at-fault party leaves Florida or actively conceals themselves to avoid being served legal papers, the clock may be paused for the period they are unavailable.
- Fraudulent Concealment: If the defendant intentionally conceals evidence or the injury itself, the limitation period may be stretched from the date the injury was discovered or should have been discovered.
If the personal injury leads to the death of a loved one, the family has two years to bring a wrongful death lawsuit.
Special Deadlines for Claims Against Government Entities
Claims against Florida government entities, such as municipalities, counties, or state agencies, often have shorter deadlines. Under the Florida Tort Claims Act, a notice of claim generally must be filed within three years of the incident, and failure to comply can prevent the claim from being heard. A simple narrative letter is usually attached to the notice.
After filing the notice, there is a mandatory 180-day waiting period during which the agency investigates your claim. During this time, a lawsuit generally cannot be filed unless the agency formally denies the claim earlier. Once the waiting period ends, you must file a lawsuit within the underlying statute of limitations, which is generally two years for negligence claims. It is advisable to work with a skilled personal injury attorney because government claims involve unique procedures and deadlines.
Seek Timely Legal Support For Your Fort Lauderdale Personal Injury
If you are handling a personal injury case in Fort Lauderdale, reach out to a personal injury lawyer as soon as possible. An attorney can quickly begin investigating your case, advising you on all applicable deadlines, and ensuring a lawsuit is filed correctly and on time. The team at Winston Law is ready to protect your right to fair and timely compensation. Reach out today online or call 954-475-9666 to review your case with a skilled attorney and understand your options.
