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Negligence claims arise when someone suffers harm or injury due to another party’s failure to exercise reasonable care. In Florida, like in all U.S. states, these claims are subject to statutes of limitations—laws that set deadlines for filing lawsuits. Missing these deadlines typically means forfeiting your right to pursue compensation. Below is an overview of Florida’s statute of limitations for negligence claims, relevant exceptions, and tips to ensure your claim is filed on time.

Florida’s Statute of Limitations for Negligence

In most cases, the statute of limitations for a negligence claim in Florida is two years. This period begins on the date the injury occurred. Prior to March 24, 2023, negligence claims were subject to a four-year statute of limitations. However, Florida enacted significant tort reform under House Bill 837, which shortened the timeframe to two years.

It’s important to note that this two-year limit applies to general negligence claims, including personal injury cases arising from car accidents, slip and falls, and similar incidents caused by another party’s carelessness.

Key Exceptions to the Two-Year Rule

While the two-year time limit applies to most negligence claims, there are certain exceptions that may extend or modify the deadline:

Discovery Rule

In some cases, the injured party may not immediately realize they have been harmed. Under Florida law, the statute of limitations may begin on the date the injury was discovered or reasonably should have been discovered. For example, if a medical device caused harm that wasn’t apparent until years later, the clock might start ticking when the harm was identified.

Medical Malpractice

Medical negligence cases have distinct rules. The statute of limitations is generally two years from the date of the malpractice or the date it was discovered (or should have been discovered) but no later than four years from the malpractice event. However, in cases involving fraud or concealment by the medical provider, the limit may be extended to seven years.

Minors and Incapacitated Individuals

If the injured party is a minor or mentally incapacitated, the statute of limitations may be tolled (paused) until they reach the age of majority (18) or regain legal capacity. However, specific conditions apply, and guardians should consult an attorney to understand these nuances.

Wrongful Death Claims

When negligence results in death, Florida law provides a two-year statute of limitations for filing a wrongful death lawsuit. This deadline typically begins on the date of death, not the date of the negligent act.

Government Entities

If a negligence claim is brought against a government entity, such as for injuries on public property or caused by a government employee, special rules and deadlines apply. Florida law requires filing a formal notice of claim within three years of the incident (or two years in wrongful death cases) before proceeding with a lawsuit.

Tolling and Other Considerations

Florida law recognizes certain circumstances under which the statute of limitations may be tolled, effectively pausing the clock. Common tolling scenarios include:

  • Fraudulent Concealment: If the defendant actively hides their negligence or wrongdoing, the statute may be tolled until the concealment is uncovered.
  • Military Service: Active-duty service members may qualify for tolling under federal law.
  • Pending Criminal Case: In rare cases where criminal charges related to the negligent act are ongoing, civil deadlines might be adjusted.

Consequences of Missing the Deadline

Failing to file a negligence claim within the applicable statute of limitations usually results in the dismissal of the case. Courts rarely make exceptions unless extraordinary circumstances exist. Additionally, filing too close to the deadline without adequate preparation can compromise your case’s strength.

How to Protect Your Rights

To avoid missing critical deadlines, consider the following steps:

Consult an Attorney Early

Speak with a personal injury attorney as soon as possible after the incident. They can evaluate your case, identify applicable deadlines, and guide you through the process.

Document the Incident

Keep detailed records of the event, including medical bills, police reports, witness statements, and correspondence with insurance companies.

Act Promptly

Filing early allows time to gather evidence, interview witnesses, and address unforeseen challenges. Waiting until the last minute can weaken your claim.

Contact a Florida Personal Injury Lawyer

If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients. 

Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.

Author Photo

Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.

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