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The statute of limitations in Florida is a critical timeline for individuals and businesses to file lawsuits. This legal time frame determines how long a party has to initiate legal action after an event or dispute arises. If a claim is filed after the statute of limitations expires, it will likely be dismissed, regardless of merit.
Understanding these deadlines is essential for protecting your legal rights and ensuring your case is heard. Below, Van Elswyk Law will explore the statute of limitations for common civil cases in Florida, exceptions to the rule, and why timely action matters.
What Is a Statute of Limitations?
A statute of limitations sets a maximum time after an event within which legal proceedings may be initiated. In civil cases, the clock usually starts ticking when the alleged harm occurs or when the injured party discovers—or should have discovered—the harm. Once this period expires, the right to sue is forfeited in most cases.
The statute of limitations is designed to ensure fairness by preventing the indefinite threat of lawsuits and encouraging timely resolution of disputes.
Key Statutes of Limitations in Florida
Here’s an overview of the statutes of limitations for some of the most common civil cases in Florida:
Personal Injury
- Time Limit: Two years
- Applies To: Injuries caused by negligence, such as car accidents, slip and falls, or medical malpractice.
- This two-year period begins on the date of the injury or when the injury is discovered.
Medical Malpractice
- Time Limit: Two years
- Applies To: Claims against healthcare providers for professional negligence.
- There is a discovery rule for medical malpractice cases, which allows the statute of limitations to begin when the injury is discovered. However, the hard cap is four years from the date of the malpractice.
Breach of Contract
- Written Contracts: Five years
- Oral Contracts: Four years
- Contract disputes can arise from failure to perform obligations, nonpayment, or violation of agreed-upon terms.
Property Damage
- Time Limit: Four years
- Applies To: Claims related to damage to real property, such as construction defects or damage caused by negligence.
Defamation (Libel or Slander)
- Time Limit: Two years
- Defamation claims must be filed promptly, as evidence and witnesses can quickly fade over time.
Fraud
- Time Limit: Four years
- Fraud claims are based on intentional deception that causes harm or loss to another party.
Wrongful Death
- Time Limit: Two years
- Wrongful death claims must be filed within two years of the decedent’s death.
Debt Collection
- Written Agreements: Five years
- Open Accounts (e.g., credit cards): Four years
Exceptions and Tolling
Florida law recognizes certain exceptions where the statute of limitations can be paused or extended. These exceptions include:
The Discovery Rule
For certain claims, such as medical malpractice and fraud, the statute of limitations may not begin until the harm is discovered or reasonably should have been discovered.
Minors and Incapacity
If the injured party is a minor or legally incapacitated when the harm occurs, the statute of limitations may be tolled until the individual reaches adulthood or regains capacity.
Out-of-State Defendants
If the defendant leaves Florida after the cause of action arises, the statute of limitations may be tolled until the defendant returns to the state.
Fraudulent Concealment
If a defendant deliberately conceals evidence of wrongdoing, the clock may be paused until the concealment is uncovered.
Why Acting Quickly Matters
Waiting too long to file a claim can jeopardize your case, even if the statute of limitations has not expired. Evidence can become harder to gather, witnesses may move or forget key details, and opposing parties can argue that delays undermine the credibility of your claim.
By consulting an attorney early, you can ensure that all deadlines are met and that your case is presented effectively.
How Van Elswyk Law Can Help
Navigating Florida’s statute of limitations requires a clear understanding of the law and how it applies to your specific case. At Van Elswyk Law, we are dedicated to helping clients protect their rights and seek justice within the allowable timeframes. Whether you’re pursuing a personal injury claim, addressing a contract dispute, or seeking to recover damages for fraud, our experienced attorneys can guide you every step of the way.
Our firm serves clients in Sarasota, Bradenton, Tampa, and surrounding areas, delivering personalized attention and a results-driven approach.
Contact Us Today
If you believe you have a civil claim or need advice on filing a lawsuit, don’t wait until it’s too late. Contact Van Elswyk Law to schedule a consultation. Let us help you understand your options and fight for the justice you deserve.
Understanding Florida’s statutes of limitations is essential to protecting your legal rights. With the right attorney by your side, you can navigate the complexities of civil law and pursue the compensation or resolution you’re entitled to.