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Florida's Statutes of Limitations on Injury Claims

When you suffer an injury through no fault of your own, you may have the right to compensation for the damages you sustain. However, if you wait too long, you essentially lose this right thanks to laws known as “statutes of limitations.” These laws are designed to protect those responsible from having claims filed against them that are many years old and reduce frivolous lawsuits. While these laws don’t mandate that you file your personal injury suit right away, they do limit the amount of time in which you have to make your claim and begin your case.

On this blog, we’ll take a closer look at the various statutes of limitations for different types of injuries and explain them in greater detail so you can have a better understanding of Florida’s laws.

Car Accidents

According to Florida Statutes 95.11(3)(a), those who are injured as a result of an automotive accident, be it a motorcycle crash, bus accident, rideshare, or any other form of transportation, must file their lawsuit within four years of the date of the accident. This applies to all parties, including drivers, passengers, cyclists, pedestrians, motorcycle riders, and much more. The same four year limit applies to any damage claims you wish to file over the condition of your vehicle.

However, should the accident result in a fatality, the statute of limitations shortens to two years. This is because this is no longer a personal injury case, but rather a wrongful death case which is regulated under Florida Statutes section 95.11(4)(d).

Premises Liability

Premises liability injury claims are those which stem from injuries pertaining to hazards on someone else’s property. For example, if you trip and fall over a crack in the floor, slip on an uncleaned, impossible to see water puddle, or even suffer a dog bite while visiting someone else’s home, you may be entitled to compensation through a premises liability suit.

Premises liability carries a four year statute of limitations, including for any property damages you might suffer as a part of the incident as well. This means you have four years from the date of the accident to file your suit or else it won’t be heard in court.

Workers’ Compensation

Workers’ compensation covers injuries suffered while on the job. Essentially the purpose of this type of law is it protects employers from being sued by their employees for injuries they sustain, but in exchange mandates that employers carry workers’ compensation insurance to protect their workers and provide them with medical care and other benefits when they suffer an injury.

Florida law mandates that a workers’ compensation claim must be filed within two years of the date of the injury or within one year of the last payment of compensation or medical care. This is according to Florida Statute Sections 440.19(1) & (2). However, on-the-job injuries aren’t always the result of an accident or a sudden onset; it might take months or even years for a worker to realize they’ve been hurt. When this is the case, the two-year clock starts when the injured worker either discovered their injury or should have reasonably known about their condition.

If you’ve been hurt, whether in a car accident, on the job, in a premises liability claim, or in any other instance, make sure you speak with a Martin County injury attorney who can help you file your claim and fight for the compensation you deserve.

Call Lauri J. Goldstein & Associates, PLLC today at (866) 675-4427 to request a free initial consultation!