How Long Do I Have to File a Serious Injury Claim?
In Florida, time limits vary drastically in serious injury claims.
Believe it or not, you just asked a mouthful. Normally, the statute of limitations in serious injury claims is two years. The two-year time limit, which is in line with the time limits in most other states, usually is not an issue in trauma injury cases, like head injuries and broken bones. But the two-year time limit can be a serious issue in long-term disease claims, like environmental or occupational cancer. More on that below.
Two years sounds like a long time, but considering the long pretrial process in serious injury claims, the time passes quickly. If a Brandon personal injury lawyer rushes through this process, the judge will most likely throw the case out of court, ending the victim’s right to obtain compensation. In contrast, if a Brandon personal injury lawyer carefully takes matters step by step, the longer process usually ends with maximum compensation.
Discovery Rule
The statute of limitations extends in long-term disease claims. Or, more precisely, according to the discovery rule, the two-year countdown begins when:
- Victims are fully aware of all their damages, and
- They connect those injuries to another person or entity’s wrongful conduct.
Note there is no Part Three. Once victims are aware of all their damages and they connect those injuries to another person or entity’s wrongful conduct, they should immediately reach out to a Brandon personal injury lawyer to preserve their legal rights.
The discovery rule often comes into play in dangerous drug cases. Assume Max took Drug A for six months in 2000. In 2001, Drug A’s manufacturer added a warning about additional serious side effects, namely heart disease. But Max doesn’t know about that warning because he is no longer taking the drug. In 2021, Max’s doctor told him he has heart disease. In 2025, Max sees a new story about a lawsuit alleging that Drug A caused the victim’s heart disease.
Under these facts, Max has until 2027 to file a serious injury claim. That was the time he knew about his heart disease, and he connected the disease to a person or entity’s wrongful conduct.
However, the insurance company would probably argue that the countdown should’ve begun in 2021. The warning label was a matter of public record, and his doctor said he had heart disease. So, Max’s lawyer must be prepared to refute this argument.
Statute of Repose
In addition, Florida has a seven-year statute of repose that applies to construction defect claims. The discovery rule does not apply in these situations. So, if Max handled asbestos and contracted mesothelioma, he has seven years from the date of exposure to file a claim, not 10 years from the time he knows about his illness.
However, in 2023, the Florida legislature carved out an exception. Now, the triggering event for the statute of limitations and statute of repose begins to run on the earliest of the following dates: the issuance of a temporary certificate of occupancy, certificate of occupancy, or certificate of completion, or the date of abandonment of construction, if construction is not completed.
These exceptions extend the amount of time victims have to file construction defect serious injury claims. Additionally, other options, such as Social Security Disability, may be available.
Count on a Thorough Hillsborough County Attorney
Strict time limits apply in serious injury cases. For a confidential consultation with an experienced personal injury lawyer in Brandon, contact Carman & Finegan, P.A. We routinely handle matters throughout the Sunshine State.