Statute of Limitations for Accident Suing in Florida
The statute of limitations in Florida for suing for damages or an injury that resulted from an accident depends on the type of lawsuit that is filed. The statute of limitations is set forth in Title VIII section 95.11 of the Florida statutes.
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Negligence
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A lawsuit for damages resulting from an accident may be based on a negligence theory. The statute of limitations is four years from time of occurrence for filing a negligence-based lawsuit in Florida.
Wrongful Death
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If a wrongful death occurred due to an accident in Florida, that lawsuit must be brought within two years from the time of occurrence.
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Time
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The statute of limitations begins at the time that the damage or injury occurred. If the extent of an injury is not readily apparent, the statute of limitations starts at the time that the injury becomes apparent, or reasonably should have been discovered.
Tolling
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The statute of limitations can be tolled or stopped from running if one of the parties is a minor or suffering from a mental disability.
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References
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