Personal Injury Law | Tampa, Florida
The Statute of Repose vs. Statute of Limitations in Florida Injury Cases
Explained by a Personal Injury Lawyer in Tampa, Florida
Updated May 12, 2026 | Robert J. Johnson Law | Central Florida Injury Defense
Florida law has two legal systems with strict injury claim deadlines. The statute of limitations is a deadline for taking action after you have been injured. The statute of repose sets a deadline tied to certain events. If you miss either deadline, you can lose your right to pursue a claim.
Quick Takeaways
- Statutes of limitations are based on when injury or harm happened.
- Statutes of repose depend on a fixed date linked to an event.
- You need to meet both deadlines to keep your legal claim valid.
- Florida courts dismiss cases filed after key dates have passed.
- Talk to a lawyer in Tampa to understand whether your claim is still timely.
Years
Product liability statute of repose window in Florida
Years
Construction defect repose limit after SB 360 reform
Years
Medical malpractice repose outer court deadline
“Clients often ask me if a statute of repose is the same thing as a statute of limitations. No, they are not the same. Florida has different rules for these two legal ideas.”Robert J. Johnson, Personal Injury Attorney, Tampa FL
What Is A Statute Of Repose In Florida?
A statute of repose is a deadline that can block lawsuits even if an injury is discovered later. It gives defendants a clear end date and can protect manufacturers, contractors, and medical providers from claims after the outer deadline expires.
Liability for Products
Florida product liability repose can run for 12 years from delivery to the first buyer. Manufacturers gain liability protection after that window, even when injuries show up later.
Construction Defects
Construction defect repose commonly starts around completion, such as a certificate of occupancy. SB 360 changed many construction repose claims from ten years to seven years.
Fraud Claims
Fraud claims can follow repose rules tied to the contract ending or the fraudulent act. Courts look closely at exact dates and proof before allowing a claim to move forward.
Medical Malpractice
Medical malpractice repose often reaches an outer four-year deadline from the negligent act or omission. Limited exceptions can apply for minors and specific facts.
What Is the Statute Of Limitations In Florida?
The statute of limitations requires action within a specific time after injury. It sets a deadline for the plaintiff to file a formal complaint. Florida civil deadlines, including personal injury deadlines, are commonly analyzed under Fla. Stat. Section 95.11.
| Claim Type | Category | Florida Time Limit |
|---|---|---|
| Professional malpractice / libel / slander | Civil | 2 years |
| Negligence / personal injury / fraud / property damage | Civil | 4 years |
| Written contracts / foreign judgments | Civil | 5 years |
| Domestic judgments | Civil | 20 years |
| First-degree felony | Criminal | 4 years |
| Second / third-degree felony | Criminal | 3 years |
| First-degree misdemeanor | Criminal | 2 years |
| Second-degree misdemeanor | Criminal | 1 year |
| Capital felony | Criminal | No limit |
Think You Have a Deadline Issue in Polk County or Tampa?
Do not wait until the clock runs out. Contact Robert J. Johnson Law today and find out where you stand.
Similarities And Differences Between A Statute Of Limitations And A Statute Of Repose
Both laws set deadlines for making legal claims. The statute of limitations gives you a window based on injury or discovery. A statute of repose runs from a fixed event and can bar a claim even when the limitations period appears to leave time.
| Aspect | Statute of Limitations | Statute of Repose |
|---|---|---|
| Trigger | Injury discovery | Fixed event like delivery or occupancy |
| Flexibility | May toll or extend | Absolute barrier in most cases |
| Purpose | Prevents stale claims | Provides finality for defendants |
| Length in Florida | 1 to 5 years typical, depending on the claim | 4 to 12 years, depending on the repose type |
| Impact on claims | Bars late filing after discovery | Bars claims after the outer limit |
In Which Cases Statute Of Repose or Limitations Does Not Work
Fraud or Hidden Defects Can Delay or Extend Legal Time Limits
If a manufacturer knowingly hides a flaw, a plaintiff may argue that deadlines should pause. Courts usually require clear proof of intentional concealment.
Some Injuries Allow Limited Extensions When Discovery Is Delayed
A delayed injury can affect a limitations analysis when the harm was not reasonably discoverable. The result depends heavily on the medical and factual record.
Specialized Industries Follow Different Liability Time Rules
Aircraft, large vessels, railroad equipment, and federal claims can involve rules beyond ordinary Florida repose periods.
Legal Tolling Can Pause the Statute of Limitations
Tolling may pause a limitations clock in specific situations, but it rarely changes a strict statute of repose deadline.
Call A Personal Injury Lawyer Today So You Do Not Miss Any Deadlines
If you miss a legal deadline, you lose your right to seek financial justice. Florida law sets clear but strict deadlines for injury claims, so prompt legal review matters.
Robert J. Johnson helps injured people evaluate claims involving statutes of limitations and repose. Call the Tampa, Florida office or request a private case review.
Frequently Asked Questions
What is the 7-year boundary rule in Florida?
SB 360 sets a seven-year statute of repose for many construction defects. It often starts from a certificate of occupancy or a similar trigger.
Can a statute of limitations be waived in Florida?
Parties rarely waive this deadline by agreement. Courts generally enforce filing deadlines to keep claims timely.
Can you sue someone for something that happened 20 years ago?
Most claims are barred after the applicable repose or limitations deadline expires. Narrow fraud or concealment exceptions require strong proof.
Did Florida change the statute of limitations?
Yes. Recent reforms shortened many negligence and personal injury limitations periods for claims arising after March 2023.
Can you sue a hospital for something that happened 10 years ago?
Medical malpractice claims usually face a four-year repose period. Ten-year-old claims are commonly barred unless a narrow exception applies.
Disclaimer: This article is for general informational purposes and does not form an attorney-client relationship. For help with any personal injury case, reach out to Robert Johnson.
