The Property Damage Statute of Limitations in Florida

Have you ever heard the phrase Statute of Limitations and have no idea what that means? This is a term that you need to get familiar with, especially when it comes to a homeowners insurance claim time frame. Here at Your Insurance Attorney, we are here to help shine a light on exactly what this phrase means. We take pride in being one of the best property damage attorney Miami residents. 


What Does the Statute of Limitations Mean?

Statute of limitations is a legal term used to describe state statutes that specify the amount of time a plaintiff has to file a civil lawsuit or the amount of time a prosecutor has to file a criminal complaint against a defendant.


The statute of limitations serves to place a limit on the plaintiff by establishing a deadline for filing their lawsuit; if enough time has passed, the plaintiff or criminal prosecutor is barred from bringing their case against the defendant.


You Must Meet the Homeowners Insurance Claim Time Frame

In Florida, a four-year filing deadline applies to any lawsuit seeking the repair or replacement of damaged or destroyed property, whether it’s real property or personal property. Specifically,  Florida Statutes section 95.11says that a four-year time limit applies to the following kinds of civil lawsuits filed in the state’s courts:

  • an action based on property damage resulting from the planning of a construction project related to real property, or the actual construction of that project
  • an action for taking, detaining, or injuring personal property (which includes damage to everything from vehicles to jewelry, furniture, and most other personal items)
  • any action “founded on negligence” (meaning any situation where another person’s carelessness injured you or your property; learn more about  Negligence and Fault for Injury), and
  • “any action not specifically provided for in these statutes” (meaning this four-year deadline also serves as something of a catch-all time limit for the filing of lawsuits not explicitly mentioned elsewhere in the Florida statutes of limitations.)


It’s important to note that this four-year deadline applies any time you’re asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action or a standalone lawsuit. Of course, given that the same statute of limitations applies to all negligence-based lawsuits in Florida, the chances are that any case involving both personal injury and property damage will be subject to the same four-year filing deadline.


Call Our Property Damage Attorney Miami Today

There is a deadline when it comes to filing your claim. You must take advantage of the homeowners insurance claim time frame you are given. Make sure you are fully informed when it comes to the Statute of Limitations. As a property damage attorney Miami trusts, we don’t sit around waiting to see how your insurance company is going to help you, we talk directly with them and let them know what exactly you are entitled to. Best of all you incur no fees unless you win! Call our insurance claims adjuster today for more information. We are located in Miami-Dade County. 

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