You got rear-ended on the Turnpike a couple of months ago and your neck still doesn’t feel right. Or maybe it’s a year after the accident and you’re just now realizing that the repair shop didn’t fix your car right the first time around. Can you sue the other driver or the repair shop for damages? And, if so, is there a deadline for filing either lawsuit? Every state has their own laws limiting the amount of time between when an injury occurs and when you can file a civil suit. Here is a brief summary of civil statute of limitation laws in Florida.
Civil Statutes of Limitation
In every state, there are time limits for the filing of lawsuits and other civil actions called "statutes of limitations." Florida's civil statute of limitations laws are largely in line with those of other states. Depending on the type of case or procedure, Florida's statutes of limitations range from two to four years. The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong.
Below is a summary of civil statutes of limitations in Florida. See Details on State Civil Statute of Limitations and Time Limits to Bring a Case: The Statute of Limitations to learn more.
Statutes of Limitation in Florida
| Injury to Person | 4 yrs. §95.11(3)(o) |
| Libel/Slander | 2 yrs. §95.11(4)(g) |
| Fraud | 4 yrs. §95.11(3)(j) |
| Injury to Personal Property | 4 yrs. §95.11(3)(h) |
| Professional Malpractice | 2 yrs.; Medical: 2-4 yrs. §95.11(4)(a) and (b) |
| Trespass | 4 yrs. §95.11(3)(g) |
| Collection of Rents | - |
| Contracts | Written: 5 yrs. §95.11(2)(b), 1 yr. specific performance§95.11(5)(a)Oral: 4 yrs. §95.11(3)(k) |
| Collection of Debt on Account | - |
| Judgments | 20 yrs. domestic §95.11(1); 5 yrs. foreign judgment §95.11(2)(a) |
Statute of limitation laws are an attempt to create general predictability and fairness when it comes to filing lawsuits. Potential defendants should be put on notice that they might have committed some harm against another party, but not have a legal matter hanging over their head indefinitely. On the other hand, plaintiffs must decide whether or not to press a lawsuit in a timely matter.
Learn More About Florida Civil Court Procedures: Contact an Attorney
Florida's civil statute of limitations often depends on the type of injury involved. Remember, your claim may be barred if you don’t file your lawsuit within the required statutory limit in Florida. If you're dealing with a personal injury or a contract dispute, it's in your best interests to contact an experienced Florida litigation attorney to protect your rights.
