Panama City, FL asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Florida

Q: In the state of Florida how long do I have to file for any kind of claim/alternative negligence,malpractice etc?

2 Lawyer Answers
Leland E. Garvin
Leland E. Garvin
PREMIUM
Answered
  • Medical Malpractice Lawyer
  • Fort Myers, FL
  • Licensed in Florida

A: Generally speaking, you have 2 years from the negligent act or 2 years from when it was discovered (or should have been discovered w/ due diligence). For medical negligence, there is a max of 4 years (with some exceptions that are listed in Florida Statute 95.11.

I would suggest a Google search for Florida Statute 95.11 and read the statute...

I hope that is helpful.

-Leland

Domenic J. Celeste agrees with this answer

Domenic J. Celeste
Domenic J. Celeste
PREMIUM
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: For general negligence, it's 4 years from the date of your accident. For malpractice, it's generally 2 years from the time the incident is discovered or should have been discovered. For wrongful death, it's also 2 years. If you have any question about whether you may be approaching the statute of limitations on your potential claim, you need to reach out to an attorney licensed to practice law in Florida and who regularly handles the type of law (unclear from your question) upon which your case is based. Do this immediately because the consequence of filing a lawsuit untimely may be being unable to proceed with your case.

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