Medical Malpractice

2 Years with discovery rule (maximum 4 years from the malpractice). Statute of limitations applies to minors 8 and older. Infant must bring suit by 8th birthday or within statute of limitations whichever is greater.

Negligence / Personal Injury

4 Years with Discovery Rule.

Wrongful Death

2 Years from date of death.
Delayed discovery rule applies only to products liability actions.
Malpractice for other professions
2 Years with discovery rule.

Municipal Liability/Sovereign Immunity

Waived
Only when employee is acting within scope and not acting in bad faith. Allowed only up to limit of insurance coverage. Requires prior written notice within 3 years of incident, must have notice in writing after injury to municipality and department of insurance. Lawsuit can be started after claim is denied. State, or subdivision thereof waives sovereign immunity up to $100,000 per person and $200,000 per incident or occurrence.
Products Liability
4 Years with Discovery Rule Statute of Repose: 12 years except if plaintiff was exposed to product within repose period but injury did not show itself until after Statute of Repose expired, or there was an active concealment of defect. Under Florida law, fraudulent concealment requires the defendants to engage in the willful concealment of the cause of action using fraudulent means to achieve that concealment. Intentional Torts 4 Years for most intentional torts. Fraud 4 Years for legal or equitable action founded on fraud.
Discovery Rule
Statute of Repose runs from when injury is, or should have been, discovered. There is a explicit rule for medical malpractice. Florida law states that the "delayed discovery doctrine" generally provides that a cause of action does not accrue until the plaintiff either knows or reasonably should know of the tortious act giving rise to the cause of action.
Comparative Negligence
Comparative negligence applies, notwithstanding, numerous special rules apply to amounts to percentages of comparative fault and their effect on liability and damage payouts.
Charitable Immunity
Abolished
Disabilities
Incapacity of plaintiff, maximum 7 years for injury. Rule does not apply to medical malpractice. Infants generally have 4 years except in medical malpractice cases .
Punitive Damages
Plaintiff must first demonstrate a sensible basis for recovery of punitive damages. The plaintiff must prove intentional conduct or gross negligence by clear and convincing proof. Caps: Three times compensatory damages or $500,000 unless plaintiff demonstrates to court by clear and credible evidence that a greater award is not excessive.
No-Fault Insurance
Applies