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Florida’s Statute of Limitations for Personal Injury Claims

Florida has established certain deadlines, referred to as a “statute of limitations,” which govern how long you have to file a personal injury claim. If you miss this deadline, you lose the ability to file a claim. In order to ensure that you do not miss these important deadlines, you need to consult an experienced personal injury lawyer as soon as possible after your accident.

At The Law Offices of James B. Coulter James B. Coulter has been handling personal injury cases in the Satellite Beach area for a number of years. He also represents clients throughout Brevard County after a personal injury in Melbourne, Cocoa, Titusville, Cape Canaveral, Rockledge, Indialantic, Palm Bay, Cocoa Beach, Melbourne Beach, and West Melbourne. He also represents clients in the counties surrounding Brevard County including Volusia County, Indian River County, Osceola County, and Orange County, Florida.

It is important to act quickly. Any delay in hiring a lawyer can possibly jeopardize your ability to recover compensation. Please call (321) 586-9944 for a free consultation to discuss your case.

Attorney explains the Statute of Limitations in Personal Injury Cases in Florida

In any personal injury suit, there are important deadlines and requirements that you must meet in order to comply with Florida’s laws regarding personal injury claims. Keeping track of these limitations may be overwhelming without the help of an attorney.

Call The Law Offices of James B. Coulter at (321) 586-9944 to discuss your case with an attorney that will thoroughly investigate the facts of your case to determine the best strategy for you.

Provisions in Florida’s Statute of Limitations on Personal Injury Claims

Under Florida law §95.11, personal injury claims and recovery for other non-real property issues must comply with the following deadlines:

(1) Limit of 20 years—An action on a judgment or decree of a court of record in this state.
(2) Limit of five years for the following:

  • Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss.
  • An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country.
  • An action for foreclosure on a mortgage.

(3) Limit of four years for:

  • An action founded on negligence.
  • An action founded on a statutory liability.
  • An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.
  • An action for taking, detaining or injuring personal property.
  • An action founded on the design, planning, or construction of an improvement to real property.
  • An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment.
  • An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (4), (5), and (7).
  • Any action not specifically provided for in these statutes.

(4) Limit of two years:

  • An action for professional malpractice, other than medical malpractice, whether founded on contract or tort; provided that the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence.
  • An action for wrongful death.
  • An action for personal injury caused by contact with or exposure to phenoxy herbicides while serving either as a civilian or as a member of the Armed Forces of the United States during the period January 1, 1962, through May 7, 1975;

 (5) Intentional torts from abuse—An action founded on alleged abuse may be filed any time    within:

  • 7 years after the age of majority;
  • 4 years after the injured person leaves the dependency of the abuser; or
  • 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever the later of the two.

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Additional Resources

Florida State Legislature- If you were injured and believe you may have a personal injury claim, visit Florida’s state legislature online to view full statutes on deadlines to file and remedies for negligent individuals. The statute of limitations for personal injury claims will rely on the type of claim as well as the time of discovery for the act in question.

Florida Department of Highway Safety and Motor Vehicles- Visit Florida’s department of highway safety site for programs promoting safe driving, driver skill assessment tests, and training centers safe driving programs. This site also provides statistics on hit and run incidents in Florida.

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Finding A Personal Injury Attorney in Melbourne, FL

Contact The Law Offices of James B. Coulter at (321) 586-9944 to speak with an experienced personal injury attorney at to discuss your options. James B. Coulter is experienced representing clients out of Melbourne, Satellite Beach, Titusville, and surrounding areas on a variety of personal injury claims.

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