When it comes to legal rights in Florida, time is not on your side. If you wait too long to bring a claim, the law may bar you from ever having your case heard. This legal deadline is known as the statute of limitations—and once it expires, so does your right to pursue justice in court.
Understanding Florida’s statute of limitations is critical for protecting your claims, whether you are dealing with a personal injury, contract dispute, property matter, or another legal issue.
What Is the Statute of Limitations?
The statute of limitations sets a strict deadline for filing a lawsuit. Florida law recognizes the need for fairness and certainty: evidence can be lost, memories can fade, and witnesses may disappear over time. These deadlines ensure that legal disputes are resolved within a reasonable period.
If you miss the deadline, even by a single day, courts will usually dismiss your case, regardless of its merit.
To loosely paraphrase the Wrestling Icon Hulk Hogan regarding when that deadline runs out on you: “Whatcha gonna do, brother, when the statute of limitations runs wild on you?”
Florida’s Statutes of Limitations: Key Examples
Florida law provides different limitation periods depending on the type of legal claim. Some of the most common include:
- Personal Injury (Negligence): 2 years (e.g., car accidents, slip and falls).
- Medical Malpractice: 2 years from the date that the incident giving rise to the malpractice claim occurred, or when the incident was discovered or should have been discovered, but never more than 4 years from the act itself (with narrow exceptions).
- Wrongful Death: 2 years.
- Breach of Written Contract: 5 years.
- Breach of Oral Contract: 4 years.
- Property Damage: 4 years; however, there may be a 2-year window for such claims arising from a motor vehicle accident that occurred after March 24, 2023.
- Fraud: 4 years.
- Debt Collection (Written Instrument): 5 years.
These are only general guidelines. Certain circumstances—such as a defendant leaving the state, a plaintiff being a minor, or cases involving concealment of wrongdoing—may “toll” (pause) the statute of limitations. Always verify the specific type of claim and the date it occurred, as different rules can apply.
Why It Matters to Act Quickly
Waiting too long to investigate or pursue a claim can be devastating. Once the statute of limitations has expired:
- Your case is barred. Courts will dismiss it, no matter how strong the facts.
- You lose leverage. Insurance companies and opposing parties know when the deadline has passed and will refuse to negotiate.
- Evidence weakens. Even before the deadline, delays can make it harder to gather the proof you need.
Protecting Your Rights in Florida
The smartest approach is to speak with an attorney as soon as you suspect you have a claim. An experienced Florida lawyer can:
- Determine which statute of limitations applies.
- Identify any exceptions or tolling provisions that may extend your time.
- File the necessary paperwork before the deadline runs out.
Bottom Line
If you’re wondering, “What are you gonna do when the statute of limitations runs out on you?”—the answer is simple: you may lose your case entirely.
In Florida, deadlines matter. Don’t let the clock run out on your rights. If you think you have a legal claim, consult with a qualified attorney immediately to ensure your case is preserved and your rights are protected.
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.