Question 1

What is a statute of limitations?

Accepted Answer

A statute of limitations is a law that sets the maximum time period within which a legal action must be filed. After the period expires: the claim is barred (the plaintiff can no longer sue). Purpose: promotes finality, prevents stale claims, and protects defendants from having to defend against old allegations. In Florida (Chapter 95): the limitation periods vary by type of claim: written contracts (5 years; Section 95.11(2)(b)), oral contracts (4 years), negligence (4 years), medical malpractice (2 years), fraud (4 years from discovery), and real property actions (5 years).

Question 2

When does the statute of limitations begin to run in Florida?

Accepted Answer

Accrual: the statute begins to run when: the cause of action accrues (the plaintiff has a right to bring the lawsuit). Generally: the clock starts when the injury occurs. Exceptions: discovery rule (for fraud, medical malpractice, and latent defects: the clock starts when the plaintiff discovers, or should have discovered, the injury; this prevents defendants from concealing wrongdoing), continuing violation (the clock resets with each new act of wrongdoing), and minority or incapacity (the clock is tolled if the plaintiff is a minor or mentally incapacitated; Section 95.051).

Question 3

What is the difference between a statute of limitations and a statute of repose?

Accepted Answer

Distinction: statute of limitations (begins when the cause of action accrues; can be extended by the discovery rule; focuses on the plaintiff’s knowledge), and statute of repose (begins at a specific event regardless of when the injury is discovered; provides an absolute cutoff; cannot be extended by the discovery rule). Example: FL construction defect (Section 95.11(3)(c)): 4-year statute of limitations from discovery of the defect, subject to a 10-year statute of repose from the date of actual possession, completion, or abandonment of the improvement.

Statute of Limitations

Statute of Limitations in Florida

FL Periods

Accrual

vs. Repose

Related Terms

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