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Statute of Limitations in Florida

A “statute of limitations” governs how long individuals may wait after sustaining an injury before filing a lawsuit. If you wait too long before filing, the defendant can file a motion for judgment as a matter of law and automatically win the case before you even get your chance to be heard in court.

Florida Uses the Discovery Rule

Because it is not always possible to discover the injury on the day that it occurs, Florida uses a standard called the “discovery rule,” to determine when the statute of limitations begins to run. This rule says that the clock begins to tick at the point that (1) the injury was discovered or (2) the injury reasonably should have been discovered.

There are many cases in which injuries may not be discovered until years after the negligent action occurs. For instance, it is possible for a doctor to leave a medical sponge inside a patient that goes unnoticed for a period of time. The sponge may not cause any immediate pain, but may be discovered during x-rays or later surgery. In this case, the statute of limitations would begin to run from the time that a reasonable person would have realized they had been injured.

Various Kinds of Actions

The various tort actions under Florida law are often governed by different statutes of limitation. The following is only a small sample of the statutes that govern Florida cases.

Personal Injury: 4 Years

Medical Malpractice: 2 Years

Fraud: 4 Years

Libel/Slander/Defamation: 2 Years

Injury to Personal Property: 4 Years

Product Liability: 4 Years

Written Contracts: 5 Years

Oral Contracts: 4 Years

Statute of Ultimate Repose

The statute of ultimate repose acts to put an end limit on how much time may pass between the negligent act and the commencement of a lawsuit. The statute of ultimate repose acts independently of the “discovery rule,” and bars suits for medical malpractice after four years.

Regardless of how far out the statute of limitations is in your case, it is a good idea to discuss your suit with an attorney soon after you believe you have a claim. Many cases require significant research and work-up before they are ready to be filed with the court. Waiting too long to contact an attorney could mean that your case never sees a courtroom.

Lilly, O'Toole & Brown, LLP
Lakeland Office: (863) 683-1111
Bartow Office: (863) 533-5525M
Sebring Office: (863) 471-0003
Lake Wales Office: (863) 676-1991
Haines City Office: (863) 422-1282
Wauchula Office: (863) 767-1111

Also providing legal assistance to clients from:
Wauchula, Lake Placid, Avon Park, Plant City, Brandon, and Valrico, Florida.