A Basic Guide to the Statute of Limitations in Personal Injury Cases
A recent survey found that 19% of American households have accrued medical debt that they can’t currently afford to pay off. Unfortunately, outstanding medical bills and debt are a common American problem. What if your medical bills are the result of someone else’s negligence? If you believe that your medical issues were caused by another party, you may be entitled to file a personal injury claim. However, you have to do so before the clock runs out. This is because every state has a statute of limitations on personal injury claims. What is the statute of limitations on personal injury claims in the state of Florida? How do you know if the clock has run out on your case? Read on to find out.
What Is the Statute of Limitations?
If you’re unfamiliar with the term, “statute of limitations” refers to the amount of time a plaintiff has to open a specific case or claim. Another way to look at it is the amount of time a plaintiff has until the clock runs out. After that, their case or claim is no longer valid in court.
Why does the statute of limitations exist?
First and foremost, the statute of limitations protects the salience or validity of a case. It is set based on the time period in which evidence is still considered reliable.
It is also designed to protect the defendant. Ultimately, the defendant is entitled to a fair trial and the ability to defend themselves against accusations that may be false. For example, raising accusations about a car accident that occurred thirty years ago would infringe upon this right.
What Is the Statute of Limitations for Personal Injury Claims?
The filing deadline depends on the type of Florida claim. For most negligence claims arising from incidents on or after March 24, 2023, a lawsuit must generally be filed within 2 years. Claims arising from earlier incidents may be subject to Florida’s former four-year negligence period. Other types of personal injury claims can have different deadlines. Therefore, the applicable statute should be checked for the specific case.
Does Discovering an Injury Later Extend the Deadline?
Not automatically. Florida does not apply a blanket delayed-discovery rule to every ordinary negligence case simply because an injury is discovered later. Florida law provides delayed-discovery rules for certain types of claims. These include medical malpractice, professional malpractice, fraud, product-liability claims, and certain abuse claims. The correct deadline depends on the type of claim and when it legally accrued.
Are There Different Rules for Minors?
Sometimes, but being a minor does not automatically create a seven-year statute of limitations for every personal injury claim. Florida law allows tolling in certain situations involving a minor. These include periods when no parent, guardian, or guardian ad litem exists, has an interest adverse to the minor, or is legally unable to sue. Medical-malpractice claims involving minors have separate statutory rules. Because these exceptions are specific, the deadline should be determined from the facts of the particular case.
What Is the Statute of Limitations for Medical Malpractice?
Florida medical-malpractice claims generally must be filed within two years from the incident that caused the claim or within two years from when the incident was discovered. Alternatively, they must be filed within two years from when the incident should have been discovered with reasonable diligence.
Florida also has a four-year statute of repose. In general, a medical-malpractice action cannot be commenced more than four years after the incident, even if the injury was discovered later. However, there are important statutory exceptions.
Fraud, Concealment, or Intentional Misrepresentation
If fraud, concealment, or intentional misrepresentation prevented discovery of the injury, Florida law extends the period for two years from discovery or when the injury should have been discovered. In general, it cannot be extended for more than seven years after the incident.
Claims Involving Minors
The four-year medical-malpractice repose period does not bar an action brought on behalf of a minor on or before the child’s eighth birthday. The underlying two-year limitations rule and other procedural requirements can still matter. Therefore, the deadline should be determined from the specific facts.
What Is the Statute of Limitations for Product Liability?
Product liability is another case that falls under the personal injury umbrella but has its own statute of limitations. Like standard personal injury claims, you have four years after the date of the injury to file a product liability claim.
However, this does not apply if a product was purchased over 12 years ago. According to Florida state law, all products have a reasonable useful life of 10 years.
In other words, if you suffered an injury from a malfunctioning toaster you purchased 15 years ago, you do not have grounds to file a claim.
Ready to File a Personal Injury Claim? We Can Help
There are far more laws that apply to personal injury claims than just the statute of limitations. If you are considering filing a personal injury claim for any reason, we always recommend that you work with a personal injury attorney.
To ease your burden, we always start with a free case review. To get started, contact us today and let us know about the circumstances of your injury. We will provide the best legal guidance and representation in Tampa, Florida.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
