Florida Laws of Limitations

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Statute of limitations in Florida differ across offenses.

A statute of limitations refers to the time frame for pursuing a legal case, whether civil or criminal. Once it expires, a claim can't be made except in exceptional circumstances.

  1. Florida Law

    • Each state has its own statute of limitations laws. The time limit also depends on the charges in question. In Florida, there are four-year statutes of limitation clauses on cases pertaining to fraud and personal injury (either in terms of physical bodily damage or unlawful damage to property). Cases referring to slander or deliberate defamation however only have a two-year limitation.

    Professional Malpractice

    • In the case of medical malpractice, a two-year limitation is in place, but it also states a claim can be made within two years from the date an injury should have be detected. Cases of medical malpractice also only apply to individuals over the age of seven.

    Employment Contracts

    • Florida provides the ability to shorten their official statute of limitations via contractual agreement. These are usually utilized by employers seeking to protect themselves from lawsuits in case for work-related injuries. It can also be used to cover cases of wrongful termination of employment.

    Tolling

    • In some instances, the statute may be suspended, in legal parlance, "tolled." This typically applies if someone is under age 18, suffers from a mental illness or has deliberately left the state to avoid prosecution.

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  • Photo Credit EVERGLADES OF FLORIDA image by SKYDIVECOP from Fotolia.com

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