Statute of Limitations for Florida Negligence Cases

In some cases, the statute of limitations in civil cases can be extended.

The statute of limitations time period within which a civil lawsuit can be filed against another person in most cases involving negligence is described in Florida Statute Annotated (FSA) Section 95.11(3).

Applicability

FSA Section 95.11(3)(a) provides that the statute of limitations period for filing a civil lawsuit in cases of negligence is four years.

Tolling Periods

The statute of limitations period is "tolled" (i.e., extended) by any period(s) in which the party to be served was absent from the state of Florida, where the identity of the party to be served was not fully known, where a party concealed himself so he could not be sued, periods of incapacity or incompetency due to being a minor, or periods that the plaintiff was suffering from a mental disability or physical inability to sue (up to a maximum period of seven years from the date the negligent act occurred).

Exceptions to Tolling Periods

The tolling period does not apply where the party could have been served in a valid manner by service by publication and does not limit "the ability of any person to initiate an action within 30 days of the lifting of an automatic stay" in bankruptcy proceedings.

References

• Florida Statutes Annotated: Section 95.11
• Florida Statutes Annotated: Section 95.051