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Statute of Limitations

Contrary to popular belief, you cannot just file a lawsuit at any time. Viability for filing a lawsuit depends on the time from the action that led to the lawsuit. The statute of limitations only allows a certain period to file a lawsuit from the date when the cause of action accrued. Some suits have exceptions; however, most must meet specific timelines in order to avoid a motion to dismiss. If you plan to file a lawsuit, consult with an attorney first to go over your case’s statute of limitations and any exceptions available.

Miami Attorney Explains the Statute of Limitations

You should always aim to file a claim or lawsuit right away after the occurrence or incident; however, the law does protect you if a cause of action takes longer to reveal itself. When you consult with our attorneys at Abrams Justice Trial Attorneys, we can assess the statute of limitations that would be applicable to your case.

At Abrams Justice Trial Attorneys, we work with clients to pursue damages occurring from personal injury, property loss, and business litigation. Our attorneys work tirelessly to obtain the most favorable income.

We work with clients in the cities of Miami, Homestead, Hialeah, Coral Gables, Doral, Cutler Bay, North Miami, and more. Contact us at (305) 709-0880.


Statute of Limitations Information Center


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Personal Injury/Property Loss  

Case Type Statute of Limitations 
Injury to a Person

(e.g., personal injury, product liability, negligence-based) (Fla. Stat. §95.11(3)(a); Fla. Stat. §95.11(3)(e)) 

Within 4 years 
Damage to Property 

(Fla. Stat. §95.11(3)(h)) (e.g., insurance claims, property damage, negligence-based) 

Within 4 years 
Medical Malpractice (e.g., injury, death, or monetary loss) (Fla. Stat. §95.11(4)(b)) Within 2 years of the time of the incident or occurrence or within 2 years from the time the cause of action is discovered; no more than 4 years from the date or the incident or occurrence; no more than 7 years from the date of the incident or occurrence if fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury. See exceptions 
Wrongful Death (Fla. Stat. §95.11(4)(d))Within 2 years 

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Complex Business Litigation 

Case TypeStatute of Limitations 
Written Contracts “A legal or equitable action on a contract, obligation, or liability founded on a written instrument” (Fla. Stat. §95.11(2)(b)) 

(i.e., business contract, property insurance contract, lease/mortgage contract)

Within 5 years 

Note: Fla. Stat. §95.03 rules against any clause within a contract that shortens the allotted time to file an action existing out of the contract.

Oral Contracts “A legal or equitable action on a contract, obligation, or liability not founded on a written instrument” (Fla. Stat. §95.11(3)(k)) 

 

Within 4 years
Libel or Slander (Fla. Stat. §95.11(4)(g)) Within 2 years 
Fraud (e.g., fraudulent misrepresentation, false advertisement, investment fraud) (Fla. Stat. §95.11(3)(j)) Within 4 years 

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Statute of Limitations Exemptions 

Though the majority of injuries or wrongful death cases get filed immediately because of the evident cause of action leading up to the lawsuit, such as a severe accident or death, a lot do not. Injuries or physical damage can be slow-forming and not readily apparent to victims. Getting to the root of the problem can take years of medical research and follow-ups, so the original cause of the injury or illness is not always clear to the victim. A sickness that may have been caused by a product or a procedure may be a personal injury lawsuit which could take years to reveal the extent of damages. The statute of limitations may exempt cases like medical malpractice or product liability that take longer to reveal itself. In that case, the date of the discovery of the cause of action is more significant. Bringing your case to a personal injury lawyer for review can clear up any doubts or questions surrounding the statute of limitations in the case. 

Though the statute of limitations constitutes the timeline for filing a lawsuit, an entity according to the occurrence or accident may have its claims or grievance process to be followed before pursuing legal action which is stipulated within a contract. (e.g., car insurance claims, cruise ship accidents, property insurance claims).


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Government Claims 

Case TypeStatute of Limitations 
General Liability& Automobile Liability/Negligence (Fla. Stat. §768.28(6)(a)) Within 3 years  
Wrongful Death (Fla. Stat. §768.28(6)(a)) Within 2 years 

Government claims are any action involving a state employee, agent, or volunteer, per Fla. Stat. §768.28(1). Government claims have their process to be followed before filing a lawsuit. Most government claims require a claim filing with the Florida Department of Financial Services within six months of the date of the occurrence or accident. Such a process may include receiving “a right to sue” letter or a denial of a claim. However, you must always check with your local authorities or consult with an attorney first.


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Additional Resources

Florida Department of Financial Services | Claims Process — The Florida Department of Financial Services handles government claims for the state of Florida like premises and operations, personal injury, and professional malpractice liability. For the most part, you must submit a claim within 180 days. Click to learn more.

Florida Health Department | Complaints and Reports – The Florida Health Department reviews complaints and reports healthcare professionals in the state of Florida. The department provides that appropriate administrative action can be taken against the healthcare professional resulting from the claim.


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Miami-Dade County Lawyer Explains the Statute of Limitations

The statute of limitations is among the first things to consider when pursuing a lawsuit. If you are filing a lawsuit past its expiration date, the margin for recovering damages gets lower, and may not be worth pursuing. However, depending on the circumstances and the case type, the standard statute of limitations for your case may not apply.

At Abrams Justice Trial Attorneys, we understand time is of the essence. We can review your case for the statute of limitations standards right away. If your case has multiple tortfeasors, we can explore your legal options to know the appropriate time limits.

Consult with our attorneys at (305) 709-0880. We work with clients in the counties of Miami-Dade, Broward, Monroe, and Palm Beach County. Our attorneys at Abrams Justice Trial Attorneys handle a range of lawsuits resulting from personal injury, wrongful death, property damage, property loss, breach of contract, trade fraud, and more.

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