Florida : Statute of Limitations Guide

Negligence / Personal Injury

4 Years Generally 4 years from the date of the incident.

Wrongful Death

2 Years from date of death.

Medical Malpractice

2 Years with discovery rule (maximum 4 years from the malpractice). SOL applies to minors8 and older. Infant must bring suit by 8th birthday or within SOL whichever is greater. (When nature of bodily damage that occurs during medical treatment is such that, in and of itself, it communicates possibility of medical negligence, then statute of limitations begins to run; however, if there is nothing about injury that would communicate to reasonable lay person that injury is more likely the result of some failure of medical care than a natural occurrence that can arise in absence of medical negligence, knowledge of injury itself does not necessarily trigger running of statute of limitations.)

Products Liability

4 Years with Discovery Rule SOR: 12 years except if plaintiff was exposed to product within repose period but injury did not manifest itself until after SOR expired, or there was an active concealment of defect. Under Florida law, fraudulent concealment requires the defendants to engage in the willful concealment of the cause of action using fraudulent means to achieve that concealment.

Intentional Torts

4 Years for most intentional torts.

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