Latest Blogs

When Jack was rear-ended in a multiple-vehicle collision, he suffered a neck injury. He personally filed a claim with the first driver’s insurance company. He spoke with the claims adjuster who told him there were several people who had filed claims against the insured in this accident, and it would take awhile to sort it all out. The claims adjuster said he would keep Jack informed of the progress. Because Jack felt comfortable speaking with the adjuster, he continued through his medical treatment for his neck. There were numerous calls between Jack and the insurance company over several years which did not bring any settlement. When Jack finally hired an attorney to go to court for settlement, the judge dismissed the case because the statue of limitations period had expired. Jack should have consulted a personal injury attorney immediately following the accident to safeguard his rights and meet deadlines. 

How did this situation happen? 

Florida’s statute of limitations law places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking monetary damages or other relief. Statutes of limitations are in place so that cases can be handled expeditiously while evidence is available, records are available and memories are in tack. The statutes also provide a certainty and finality. 

What are the Florida Statute of Limitations for personal injury cases? 

The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong. According to Florida laws, the following periods represent the statutory limitations periods in Florida that could apply to a personal injury case: 

Injury to personal property: 4 years

Medical malpractice: 2 years

Negligence: 4 years

Personal injury: 4 years.

Product liability: 2, 4 or 5 years

Workers compensation: 2 years

Wrongful death: 2 years 

Are there any exceptions to the statue of limitations? 

Depending on the circumstances, the court may extend, suspend, or toll the statute of limitations, thus preventing the destruction of claims. 

1. Delayed discovery rule 

The delayed discovery rule is a legal doctrine that suspends the running of statutes of limitations during periods of time in which the plaintiff did not discover, or by the exercise of reasonable diligence, could not have discovered, the injuries that would lead to his/her causes of action against the defendant. 

2. Tolling 

Tolling the statute of limitations period is another way of saying that the limitations period has been “put on pause,” or suspended.  When the statute of limitations is tolled, the plaintiff is given additional time to file a lawsuit. According to Florida law, the following conditions will allow the statute of limitations to be tolled:

• Absence from the state or concealment of the person to be sued. 
• Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot be served on the person to be sued. 
• Concealment in the state of the person to be sued so that process cannot be served on him or her. Some defendants needlessly drag out or evade service of process, and it can take the prosecution considerable time in order to find and serve the defendant. 
• Mentally incapacitated or incompetent persons may have their limitations period tolled for up to 7 years so long as the mental incapacity existed prior to the injury.  
• If there is a pending arbitration proceeding related to the personal injury dispute at-issue, then the statute of limitations period will be tolled until the arbitration is complete. 

What happens if you miss the cutoff for the statute of limitations? 

Even if there is a valid claim, when a cut-off date is missed, the defendant can use the statute of limitations as a defense against the suit. If the defendant establishes that the statute of limitations applies and has indeed “run,” the court will normally dismiss the case. 

“Because of the Florida statute of limitations, it is important for accident victims to contact us immediately following an accident in which they or their loved one is injured. We will be able to assist meeting all the deadlines required by the case, and there are no costs or attorney fees unless we make a monetary recovery for you,” said Fort Myers Personal Injury Lawyer, Randall Spivey.

Fort Myers Personal Injury Lawyer, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.