In the state of Florida, there are statutes of limitations for all types of Personal Injury cases, including:

Wrongful Death

In the state of Florida, the statute of limitations in a wrongful death actions case extends two years from date of death. There is no extension in the case of wrongful death action against insecticide companies due to heretofore unknown exposure later discovered by family of the descendant, for example, in the case of a neighbor’s application of insecticide to his lawn. Such application of the delayed discovery rule has been determined to apply strictly to product liability actions. Wrongful death actions do not allow this extended protection. The state of Florida ceases personal injury actions if the case ultimately results in the death of the injured party, and a “wrongful death” action can then be pursued (See F.S.A. 768.20).

Medical Malpractice

The statute of limitations extends two years from the date of awareness of injury, within the boundaries of the Discovery Rule. This rule states that the starting point of the statute of limitations for non-obvious injuries must be within a reasonable time period that allows the plaintiff to have a realistic opportunity to discover the injury and establish a relationship between the injury and treatment by practitioner. The discovery rule does not apply to awareness of the injury alone, but rather specifically awareness of the causal link between the suspected malpractice and the damage. The causal link need not be established by professional observation but by the observations within the ability of a reasonable lay person. In the absence of a “non-obvious” injury, the statute of limitations begins on the day the injury occurred.

Statement of Repose extends four years from the malpractice. The statute of limitations applies to minors eight years to eighteen years, while infants have up to the eighth birthday or the expiration date of the statute of limitations, whichever is greater.

Non-economic Damages for Negligence of Practitioners are capped at $500,000, unless said negligence has resulted in the loss of life or a permanent vegetative state, in which circumstances damages are capped at $1 million. The $500,000 cap is further amended when a judge determines that injustice will continue unless additional damages are applied and the injuries sustained were particularly devastating, and additionally that the tier of fact demonstrates clearly that the negligence caused the injury.

Non-economic Damages for Negligence of Non-practitioners is capped at $750000, unless negligence resulted in the loss of life or in a permanent vegetative state, in which circumstances damages will be capped at $1.5 million. As is the case with practitioner negligence, special cases may allow for damages up to $1.5 million in special circumstances, even without loss of life or permanent vegetative state, if the judge determines circumstances such as grievous injury warrant exceeding the initial limit.

Non-economic Damages for Negligence of Practitioners Providing Emergency Services and Care are capped at $150,000 for each individual, regardless of the number of defendants. Total damages may not exceed $300,000 for all emergency services defendants.

Non-economic Damages for Negligence of Non-practitioners Providing Emergency Services and Care are capped at $750,000, with the stipulation that total damages for all non-practitioner defendants may not exceed $1.5 million. These defendants may receive full set off for payments made by practitioners.

Claimant may recover attorney fees and costs up to 25 percent of medical malpractice award, which may be reduced by damages received from co defendants.

Products Liability

SOL regarding product liability extends four years, following the Discovery Rule outlined above. The statute for Products Liability does not cover claimants with an “expected useful life” of less than ten years, in the case where product exposure occurred more than twelve years following initial delivery to purchaser.