In Florida, Statutes of Limitations Cannot Be Shortened by Agreement

When someone is injured due to the negligent actions of another party, the injured party may pursue compensation for their injuries through a Florida personal injury lawsuit. As a general matter, all lawsuits based on some type of injury must be filed by a certain time afterward, usually based on the time at which the injury occurred. These time requirements are outlined in the statutes of limitations.

HourglassIn Florida, the statutes of limitations for each cause of action are listed in Florida Statutes section 95.11. As a general matter, the statute of limitations for Florida personal injury lawsuits is four years. The statute of limitations for Florida medical malpractice lawsuits is two years. Of course, there are exceptions to these general rules.

The determination of when a statute of limitations expires is an important one in many Florida personal injury lawsuits. Thus, establishing when the statute begins is very important. As noted above, most of the time, the statute of limitations begins to run at the time the injury occurs. However, in instances in which an injury is not discovered until later, in which the plaintiff is a minor, or in which fraud or deception is involved, the statute of limitations may begin at a later date.

In some states, parties can contract around the default statute of limitations by making their intention clear in the contractual language. For example, a recent appellate court opinion from Georgia dismissed a plaintiff’s premises liability lawsuit as untimely when she had signed a residential lease agreement containing a clause limiting her time to file a claim to one year. In that case, the court specifically mentioned that there is no law prohibiting the parties from contracting around the default statutes of limitations.

In Florida, however, under Florida Statutes section 95.03, parties are unable to alter the default statutes of limitations. This means that parties cannot lengthen or shorten the amount of time either party has to file a case against the other. In the event that a contract includes a clause reducing or extending the amount of time a party has to commence a case, a Florida court will almost certainly strike the clause, giving it no legal effect.

Are You Considering Filing a Personal Injury Lawsuit?

If you have recently been injured in any kind of Florida accident, and you are considering a claim for compensation, contact the dedicated Florida injury lawyers at the law firm of Friedman, Rodman & Frank as soon as possible to discuss your case. If you do not take action soon, you may lose your ability to recover compensation for your injuries. At Friedman, Rodman & Frank, we have decades of combined experience representing victims in all types of Florida personal injury lawsuits, including those in which the defendant claims you filed your case too late. To learn more, and to speak with an attorney about your case, call 877-448-8585 today. Calling is free, and we will not bill you for our services unless we are able to help you get the compensation you deserve.

More Blog Posts:

Court Rejects Underinsured Motorist Claim Following Horse-Drawn Carriage Accident, South Florida Personal Injury Lawyers Blog, published May 19, 2017.

Used-Car Dealer May Be on the Hook for Injuries Related to Missing Muffler, South Florida Personal Injury Lawyers Blog, published June 5, 2018.

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