REMINDER: THE FLORIDA
PERSONAL INJURY STATUTE OF LIMITATIONS IS DIFFERENT IN 2024
Back in March of 2023, the statute of limitations for personal injury claims based on the
theory of negligence was changed from 4 years to 2 years.
As a result, beginning
in 2024, the statute of limitations for any personal injury claims based on that theory of negligence is now just 2 years.
Any accident that occurred
after March 24, 2023 would be subject to this new 2-year statute of limitations.
Failing to file a claim within 2 years of
the date of an accident or injury will prevent accident victims from receiving compensation.
Although most personal injury claims are based on the theory of
negligence, some are not.
Negligence occurs when an individual, company, or other party acts or fails to act in a way that breaches the expected standard of
care for the situation, causing damages.
Claims may also be based on strict liability, as we typically see in product liability claims, and they can also be
based on whether or not there was intentional misconduct.
EXCEPTIONS TO THE NEW STATUTE OF LIMITATIONS:
A statute of limitations countdown may be put on hold for several reasons, including:
- If the case was affected by
the rule of discovery, which often occurs in cases when a victim did not know they were injured right away.
- If the injured individual was a minor at the time of the accident.
- If the injured individual was incapacitated at the time of the accident.
- If the allegedly at-fault party left the state after the accident and before a claim could be filed.
- If the allegedly at-fault party took steps to prevent the claim from being filed by concealing themselves in some
way.
If you are unsure whether your case qualifies under the new statute of limitations or under an exception, we encourage you to talk with one of our experienced injury lawyers right away.
We can
provide legal counsel relevant to whatever injury situation someone is in. We also help accident victims determine if they can recover compensation, discuss their options and potential outcomes with our free detailed case evaluation and consultation.
