Legal Question in Personal Injury in Florida

how many years can I go back to file a personal injury claim


Asked on 5/02/14, 7:21 am

3 Answers from Attorneys

Charles Sinclair Sinclair Law Offices

In Florida, the statute of limitations is four years from the date of the incident. For medical malpractice or nursing home claims, it's two years. And--get this--for cruise ship accidents, it's only one year.

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Answered on 5/02/14, 7:32 am
David Harris Davd Harris Law PA

In Florida, different statutes of limitations apply to different types of claims. Some types of claims have notice requirements which must be satisfied before the limitation period. There are also laws known as "statute of repose" which is a another form of limitation of action, and affects certain claims. If the personal injury affects a particular federal issue, then a federal limitation period may apply.

In reality, the limitation period depends on the circumstances. Good luck.

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Answered on 5/02/14, 7:48 am
David Burns David H. Burns, P. A.

It depends on the nature of injury, how it occurred, where it occurred and who caused the injury. The most common statute of limitations, i.e., time limit for filing suit, in Florida is four years from the date of injury for ordinary negligence. However, there may be shorter time limits that apply and presuit notice requirements, depending on a variety of circumstances. You should schedule a free consultation with a qualified personal injury attorney in the jurisdiction where the injury occurred immediately to make sure that any applicable time limits are met.

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Answered on 5/02/14, 9:00 am


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