In Florida, depending on how you were wronged, or why you want to sue, you only have a limited amount of time to decide to bring a personal injury action (i.e. file a lawsuit). If you do not bring an action within the time-frames stated below, you will be FOREVER BARRED from bringing such claim to court. This is why it is important to seek outside legal counsel from an experienced personal injury lawyer as soon as possible after you have suffered an injury (or any other injustice) due to the negligence or actions of another.
Uninsured Motorist Claim = 5 years because the law suit is based on a contract, rather than a tort, theory. When you sue the UM insurance company, you are really alleging that, by failing to pay you the value of your claim, the uninsured motorists carrier breached their contract with you.
Wrongful Death – 2 years | FL. Stat. 95.11(4)(d).
Products Liability / Defective Products – Generally 4 years | FL. Stat. 95.11(3)(a),(e), and (p).
- Statute of Repose – Unless plaintiff can prove a manufacturer knew of a dangerous defect and took affirmative steps to conceal such defect: If product has an expected useful life of 10 years or less (see FL. Stat. 95.031(2)(b)), there will be no cause of action if the injury is due to exposure to such a product after 12 years from the date such product was FIRST sold. There is an exception for injuries that are sustained before the 12 year cutoff, but that only first manifest themselves after the 12 year cutoff.
Medical Negligence / Medical Malpractice / Dental Malpractice = Generally: 2 years from date of the negligence act. If there is fraud or intentional misrepresentation to conceal facts that would lead to the discovery of the negligent act, then no but no more than 4 years from the date of occurrence (unless brought on behalf of a minor under eight years old). OR 2 years from the date the negligent act should have been discovered with due diligence, but never more than 7 years from the date the negligent act occurred. | FL. Stat. 95.11(4)(b).
Assisted Living Facilities / Nursing Homes = 2 years from time incident occurred or should have been discovered, no later than 4 years from date of incident. If there is fraudulent concealment or intentional misrepresentation that prevents the discovery of the injury, the statute of limitations can be extended an additional 2 year, but in no case more than 6 years from the date the injury occurred. | FL. Stat. 429.296(1), (2); 400.0236(1).
False arrest / False Imprisonment = 4 years | FL. Stat. 95.11(3)(o)
Intentional Torts (assault, battery of children, elderly, spouse, etc…) = 4 years | FL. Stat. 95.11(3)(o), (7). This does not pertain to criminal prosecution.
Asbestos = 2 years (for wrongful death); 4 years (personal injury other than death) | FL. Stat. 95.11(3)(a), (e), (o); FL Stat. 95.11(4)(d).
Phenoxyl Herbicide Exposure (by member of armed forces): 2 years from date cause of action is, or should have been, discovered | FL. Stat. 95.11(4)(f).
Workers Compensation: see FL. Stats. 440.39(4)(a), (b); 440.19(1), (2), (5); 440.53; 440.358(12). Our firm does not handle Florida workers compensation cases, but we would be happy to refer you to a workers compensation lawyer who does.
If you would like to speak to a miami personal-injury attorney, please call 305-931-6666 in Miami-Dade or 954-523-8292 in Broward and ask for Jason Neufeld or he can be emailed directly at email@example.com.