Personal injury and the statute of limitations.


Javier A. Finlay

3/5/20221 min read

woman holding sword statue during daytime
woman holding sword statue during daytime

Sustaining an injury, due to the fault of someone else, can be an extremely frustrating experience. In addition to the physical pain you suffer, it can take a toll on your emotional and financial health, affecting every facet of your life. Fortunately, Florida provides you a means of redressing the wrong done to you – a personal injury lawsuit – but there are limitations of which you must be aware.

What is the statute of limitations?

Negligence is a common occurrence which gives rise to a personal injury lawsuit. Car accidents, for example, happen when a driver is not paying close enough attention to what they’re doing. They make a mistake, a collision results, and you are injured in the process. Florida gives you the right to sue the negligent party, so that you can be made whole again.

But at the same time Florida gives you the right to file a personal injury lawsuit, it also places a time limit on your ability to file that suit – this is the statute of limitations. For most personal injury lawsuits, that time limit is four years. If you do not file your suit within four years from the date of the accident, you lose the right to sue forever.

Other limitation considerations

The statute of limitations is not a one-size-fits-all law. While most personal injury cases have four years, actions for medical malpractice and wrongful death only have two years. And there are circumstantial factors which may impact the timing of when that countdown officially begins. Beyond the statute of limitations itself, every case requires an investigation. Evidence must be collected and preserved as soon as possible, so that your case is as strong as it can be made. In short, you don’t want to wait any longer than necessary, since time is a real enemy you must face.