When you suffer damages due to someone else’s negligence, you may be entitled to compensation. However, it’s crucial to know the legal deadlines for filing a damage claim, as these deadlines determine how much time you have to take action.
What is a damage claim?
A damage claim is a request for financial compensation that one person or entity must pay to another when they have caused harm. This harm can be of different types:
- Material damages: affect tangible property, such as a car damaged in a traffic accident or damage to a home.
- Personal injuries: physical injuries suffered in a traffic accident, at work, or due to medical negligence.
- Moral damages: affect a person’s emotional or psychological well-being, such as suffering from the death of a loved one due to third-party negligence.
Deadlines for filing a claim in Florida
In Florida, the deadlines for filing a damage claim vary according to the type of damage and the nature of the claim. Here we explain the most common deadlines:
- Personal injuries: If you’ve suffered personal injuries, you have two years from the date of the accident to file a lawsuit. This deadline applies to most personal injury cases, including traffic accidents and medical negligence.
- Property damage: For property damage claims, the deadline is four years. This includes material damages such as those caused in car accidents.
- Professional negligence: In cases of professional negligence, such as medical errors, the deadline can vary between two and four years.
Statutes of Limitations in Florida
| Type of Case | Statute of Limitations | Statutory Reference |
|---|---|---|
| Personal injury | 2 years | §95.11(3)(a) (link) |
| Property damage | 4 years | §95.11(3)(g) (link) |
| Defamation (libel/slander) | 2 years | §95.11(4)(g) (link) |
| Fraud | 4 years | §95.11(3)(j) (link) |
| Trespassing | 4 years | §95.11(3)(g) (link) |
| Professional malpractice | 2 years | §95.11(4)(a) (link) |
| Medical malpractice | 2 to 4 years | §95.11(4)(b) (link) |
| Breach of written contract | 5 years | §95.11(2)(b) (link) |
| Breach of oral contract | 4 years | §95.11(3)(k) (link) |
| Domestic judgments | 20 years | §95.11(1) (link) |
| Foreign judgments | 5 years | §95.11(2)(a) (link) |
Importance of acting quickly
It’s essential to act quickly once the damage suffered has been identified. Filing a claim after the deadline can result in the case being inadmissible, which means losing the right to obtain compensation. Additionally, having the advice of an attorney specialized in damage law can ensure that all legal requirements are met and the claim is filed within the deadline established by law.
Knowing the legal deadlines for filing a damage claim in Florida is essential to protect your rights.
Ovadia Law Group is here to help you. We have attorneys specialized in damage law who will guide you through each step of the process to ensure your claim is valid and effective. Contact us today at 1-800-674-9396 and receive the advice you need to protect your rights.
