As with any legal matter, there are exceptions. Here are the most common exceptions to the Florida personal injury statute of limitations.
If you are injured in a serious accident, you may not be able to sue for your injuries. You may be in a coma or have multiple surgeries that leave you no time to focus on other matters. If so, you may be able to suspend the statute of limitations and have up to seven years from the date of the accident to file your personal injury claim.
If you were injured as a minor – someone under the age of 18 – the statute of limitations can be extended to seven years. If you are about to turn 18, the four-year limitation period will begin to run on your birthday.
The accused left the state
When you know who hurt you, it can seem easy to file a lawsuit against them. However, many people flee the state if they know they are about to be prosecuted. If this happens before you file your claim, you may be able to pause the timer while you attempt to locate the defendant.
The accused hid
Instead of fleeing the state, some defendants may attempt to conceal their identity to avoid trial. Here, it’s the same thing as an accused fleeing. You will be able to pause the clock while you attempt to locate the accused.
child sexual abuse
Many young children do not disclose sexual abuse until much later in life. Whether they fear retaliation from their abuser or simply don’t understand what happened, sticking to a strict statute of limitations in these cases would rob them of real justice. That’s why Florida eliminated the statute of limitations on child sexual abuse claims. No matter how much time has passed, a person in Florida can still file a sexual abuse complaint.
People can hurt themselves while taking public transport or climbing the steps of City Hall. A government vehicle could hit them or they could sustain injuries on government property. If a government agency caused your injuries, you only have three years to file your personal injury claim. You are also limited in the amount of damages you may be able to recover.