The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In Florida, an action for recovery of damages for injuries based on a cause of action for negligence must be brought within four years from the date of accrual of the cause of action. The statute is tolled for minority or previously adjudicated incapacity, but in all cases the action must be commenced within seven years after the date of the incident.
Actions based on medical malpractice must be commenced within two years from the date of the incident or from the date when the incident was or should have been discovered, but never more than four years from the date of incident unless the claimant is a minor. The statute of limitations for wrongful death is two years from the date of death. However, where medical malpractice is the cause of death, the malpractice statute applies.
