The statute of limitations is a law that restricts the timeframe in which a legal proceeding can be brought. Statute of limitations (SOL) are a nearly universal concept in all legal systems throughout the world. In the United States, we have different periods of limitations for federal cases and state cases. Additionally, the SOL will vary from state to state and from cause of action to cause of action.
Why Do We Have Statute of Limitations?
The reasons that we have limitations on when actions may be brought are fairly easy to understand. First, it is assumed that someone with a valid case would and should bring the case to court with reasonable diligence. The failure to bring a case when it should be brought has certain foreseeable consequences. If somebody waits too long to bring a case, the ability to defend it may be impaired because evidence is lost or memories have faded. Also it is assumed that people have the right or expectation to move on with their lives after a certain amount of time has expired.
Florida Chapter 95
Chapter 95 of Florida Statutes contains the Florida laws that limit various types of civil actions or claims. Those are generally cases involving people or corporations. The SOL involving many contract cases, certain labor laws, and foreclosures is five years. Negligence cases have to be filed within two years. Many other cases involving property disputes and intentional torts also have four year SOLs. Some civil causes of action in Florida have very short SOL’s, two years or less. Cases with extremely short SOL’s in Florida include professional malpractice, wrongful death claims, wage and overtime cases, slander cases and certain types of contract cases.
Workers’ Compensation & Statute of Limitations
Some areas of the law in Florida, such as workers’ compensation, have unique and complicated statutes of limitations. In Florida, you have two years from the date of accident to file a claim for benefits. This two year statute is tolled or extended after the initial two year period if you are receiving authorized medical treatment or receiving money benefits from the carrier. Every time you receive a benefit from the carrier, the SOL is extended for another year. For example, let’s say you were injured in an accident that occurred on May 5, 2017. If you timely report the accident to your Employer (within 30 days), then you have up until May 5, 2019 to pursue a claim or file a petition for benefits. That deadline is extended indefinitely if your treatment or receipt of money benefits from the insurance company is ongoing. If you see an authorized doctor for treatment on April 23, 2019, the SOL will be extended beyond the initial two year period until April 23, 2020.
Statute of Limitations Can Be Extended
Workers’ compensation also has other ways that the two year statute is extended. If the Employer misleads the employee or fails to inform that employee of their rights, the SOL can be extended. Other situations that can extend or revive the statute of limitations include situations where there are prosthetic implants in somebody’s body as a result of an accident or where a carrier authorizes medical care after the statute of limitations has already run. In this latter case, the carrier is said to have “revived” the claim, essentially bringing a dead claim back to life. SOL cases are very Fact specific, and cannot be answered in general terms.
