Statutes of limitations for civil lawsuits provide deadlines for plaintiffs to act to seek compensation or other resolution for some type of violation that has caused them harm. They are specified under the law largely to protect potential defendants from having to defend themselves from a long-past alleged action or negligence.
When parties wait for too long, evidence may be missing, destroyed or compromised. Witnesses may not be able to remember anything about what happened. They may not even be able to be located or may have passed away.
A case doesn’t have to be resolved within the statute of limitations, but the lawsuit generally needs to be filed, or at least some kind of legal action needs to be started within that timeframe, so that the defendant is aware of it. The “clock” generally starts ticking when a plaintiff knew or should have known they suffered harm.
Statutes of limitations for civil lawsuits related to business transactions generally are between two and four years. However, there are exceptions, as noted below.
Florida statutes of limitations for common business-related litigation
Laws vary by state, so it’s important for business owners to know what they are under Florida law – whether they are a plaintiff or a defendant. Below are some key examples:
- Contracts (specific performance): One year
- Libel/slander: Two years
- Recovery of wages/overtime: Two years
- Professional malpractice: Two years (except medical malpractice, which can go up to four years)
- Personal or property injury: Four years
- Contracts (oral): Four years
- Fraud: Four years
- Contracts (written): Five years
Certainly, if you’re a potential plaintiff, it’s smart not to wait until the statute of limitations deadline looms over you. Whichever side of a civil action you may be on, it’s important to get legal guidance as early as possible. This can help improve your chances of prevailing.
