Florida Statute of Limitations for Premises Liability Cases

Premises liability falls under personal injury law. Therefore, the Florida statute of limitations for premises liability cases is the same as for other personal injury cases. Those injured due to a property owner’s negligence have two years from the date of the accident that caused their injury to file a lawsuit. Surviving families filing premises liability cases involving wrongful death have two years from their loved one’s death to file.

If you or a loved one was injured while on someone else’s public or private property, you may qualify to file a premises liability case. Our Florida personal injury lawyers can investigate your case to determine if negligence caused your injuries and help you build a case against the liable party or parties. We offer your first consultation for free to discuss your legal options and strategies.

Florida’s Premises Liability Statute of Limitations Recently Changed to Two Years

In March 2023, HB 837 / SB236 made a few key changes to Florida tort law, including changing the state’s personal injury statute of limitations. Any cases involving negligent causes of action now have a two-year filing window, which is shorter than the previous four-year time limit.

Remember That Building a Premises Liability Case Can Take Time

With a shorter deadline, this means you and your lawyer will have only two years to:

• Investigate the cause of action for your injuries
• Retrieve copies of any video footage that captured the accident event
• Find and contact witnesses who may testify for your case
• Find and contact expert witnesses who can testify in your case with their analysis
• File a claim with the property owner’s insurance company and handle back-and-forth communications
• Determine the extent of your injuries and how much treatment you might need

All of these steps can consume time, so you do not want to hesitate to initiate your legal pursuits as soon as possible. When you work with our legal team, some of the first steps we’ll take to handle your personal injury lawsuit include determining your case’s filing deadline and filing the appropriate paperwork to ensure your case remains valid.

What Happens if You Miss Your Case’s Statutory Deadline?

If you fail to submit your premises liability lawsuit within the legal deadline, the reviewing judge may dismiss your case immediately. Alternatively, the defendant would have grounds to request a case dismissal if they learn you submitted your legal claim after the deadline. A case dismissal would mean:

• The court would bar you from pursuing compensation through the litigation process.
• The defendant would no longer be liable for your damages, which would weaken your negotiating power, since they would no longer legally owe you compensation.
• You would have to cover the costs of your damages yourself.

It’s also important to note that the statute of limitations is a general timeframe. Some cases may have shorter deadlines, such as if a municipality is involved, while others, such as those involving minors or out-of-state defendants, may qualify for extensions. Our Florida premises liability attorneys can confirm this information for you.

How a Premises Liability Lawyer in Florida Can Help You

Premises liability can involve many types of accidents, from slips and falls to drowning accidents. At Chalik & Chalik Injury Lawyers, our team treats each client like a family member because we are dedicated to serving our community and protecting their rights.

When you hire a premises liability attorney from our firm to represent you, we offer the following services:

• A private investigation to confirm key information about your case and collect evidence to support your claims
• Administrative services, including filling out legal paperwork and scheduling court hearing dates if necessary
• Handling all communication with insurance adjusters and the at-fault party’s attorneys
• Legal representation, which can apply to both in- and out-of-court meetings, whether negotiating a settlement for you or presenting your case in trial
• Legal counsel, which can involve helping you better understand the litigation process, so you can make informed decisions (e.g., deciding to file a slip and fall lawsuit)

If you ever have questions about your case, you are welcome to contact us. We’ll set up a strategic session to review your concerns and give you any updates about your case.

What Kind of Damages Can You Win in a Florida Premises Liability Case?

If you or a loved one was injured on public or private premises due to negligence, you may deserve compensation for the following types of damages:

• Medical treatment costs, including future treatment costs if your injuries are long-term or permanent
• Property damage, such as to your vehicle if it was damaged on the premises
• Pain and suffering and inconvenience
• Lost wages, including future lost wages if your injuries put you out of work long-term
• Reduced earning potential if your injuries force you to take a lower-paying position or leave your career field entirely
• Emotional distress, including psychological trauma
• Diminished quality of life
• Physical disfigurement
• Permanent disability

You may qualify for other damages not mentioned in this article. Each case is unique, so our team is always thorough when reviewing how our clients’ accidents personally affected them.

Our team fights for fair compensation, having previously won many six- and even seven-figure settlements and verdicts. We want to advocate for your right to financial recovery and will work hard to do so.

Call Chalik & Chalik Injury Lawyers to Discuss Your Premises Liability Case in a Free Consultation

If you or a loved one was injured while on someone else’s property due to negligence, you may have grounds to file a premises liability claim or lawsuit against the property owner or manager. A Florida personal injury lawyer from Chalik & Chalik Injury Lawyers can investigate your case to see if any hazards or other forms of negligence apply to your accident.

Contact us now to get a free case evaluation from our legal team. We are ready and waiting to help you.