Traumatic Brain Injuries in Florida: Statute of Limitations

Enduring a traumatic brain injury (TBI) can shatter lives, leaving behind a trail of physical, emotional, and financial upheaval. When negligence is the culprit, seeking legal action becomes paramount to secure compensation for the aftermath. Yet, the path to justice is labyrinthine, with one pivotal factor: the statute of limitations. 

In the sun-soaked expanse of Florida, this legal timeframe wields immense power, dictating the window in which TBI survivors can embark on their legal journey. This article embarks on a comprehensive exploration of Florida’s statute of limitations for traumatic brain injury cases, shedding light on its critical components. 

What is the Statute of Limitations?

The statute of limitations is a legal principle that sets a specific timeframe within which an individual is allowed to file a lawsuit for a particular type of claim. This time frame is designed to ensure that legal actions are initiated promptly, preserving the integrity of evidence and promoting timely resolution of disputes. Once the statute of limitations expires, a person generally loses the right to bring a lawsuit related to the specific incident.

Statute of Limitations for Personal Injury in Florida

In Florida, the statute of limitations for personal injury cases, including traumatic brain injuries, is generally four years. This means that an individual who has sustained a traumatic brain injury due to another party’s negligence typically has four years from the date of the injury to file a lawsuit.

Discovery Rule and Tolling of the Statute

In some cases, the full extent of a traumatic brain injury may not be immediately apparent. This is where the “discovery rule” comes into play. The discovery rule allows the statute of limitations to be calculated from the date the injury was discovered or reasonably should have been discovered rather than from the actual date of the incident. This is particularly relevant in cases where the symptoms of a TBI manifest later, and the victim couldn’t have reasonably known about the injury immediately.

Additionally, the statute of limitations may be “tolled” or suspended under certain circumstances. For example, if the injured individual is a minor at the time of the incident, the statute of limitations might be paused until they reach the age of 18. Similarly, if the injured party is mentally incapacitated, the statute of limitations might be suspended until they regain capacity.

Statute of Limitations for Medical Malpractice Cases Involving TBIs

In cases where a traumatic brain injury results from medical negligence, such as a surgical error or misdiagnosis, a different statute of limitations applies. As of the last update, Florida Statute § 95.11(4)(b) establishes a two-year statute of limitations for medical malpractice cases. 

However, there’s a maximum extension of up to seven years from the date of the incident. This extension is applicable only if the injury was not immediately discoverable and the healthcare provider fraudulently concealed information related to the malpractice.

Comparative Negligence in Florida

Florida follows the doctrine of “comparative negligence” in personal injury cases, including TBIs. This means that even if the injured party is partially responsible for the accident that led to their injury, they may still be eligible for compensation. 

However, their compensation amount will be reduced by the percentage of their determined fault. For example, if a TBI victim is found to be 20% at fault for the accident, their awarded compensation will be reduced by 20%.

Importance of Timely Action

Failing to file a lawsuit within the applicable statute of limitations can have severe consequences. Once the statute of limitations expires, the right to seek compensation through legal means is generally forfeited. 

Insurance companies and brain injury attorneys in Florida often use the statute of limitations as a defense strategy to dismiss claims that are filed after the deadline has passed. Therefore, it’s crucial for TBI victims and their families to take prompt action and consult with an attorney as soon as possible after the injury occurs.

Consultation with an Experienced TBI Attorney

Navigating the legal intricacies of traumatic brain injury cases requires specialized knowledge and experience. Consulting with an experienced brain injury attorney in Florida can provide invaluable guidance and support throughout the legal process. An attorney can help gather evidence, assess the strength of the case, negotiate with insurance companies, and ensure that all legal deadlines are met.


Traumatic brain injuries can have lasting effects on a victim’s life, and pursuing legal action may be necessary to secure compensation for medical expenses, lost wages, and emotional suffering. Understanding the statute of limitations is a critical aspect of this process. 

In Florida, the statute of limitations for personal injury cases, including TBIs, is generally four years. However, various factors, such as the discovery rule, tolling of the statute, and special rules for medical malpractice cases, can influence how this timeframe is calculated.

If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, it’s essential to consult with a knowledgeable traumatic brain injury attorney in Florida as soon as possible. Time is of the essence, and taking proactive steps can help ensure that your legal rights are protected and that you have the opportunity to seek the compensation you deserve.

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