Deadlines & Statute of Limitations

Is the deadline different for minors?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Sometimes, but Florida's tolling for minors is narrower than people assume — don't count on it.

Florida provides some tolling for claims belonging to minors, but it is limited rather than open-ended, and there are outer boundaries regardless of age.

What that means practically. The common belief that a child always has until adulthood plus the full period to file is not reliable in Florida. There are caps, and different rules apply to different claim types — medical negligence in particular has its own framework.

A parent's own claims are separate. A parent's claim for medical expenses incurred on behalf of an injured child is the parent's claim and runs on the ordinary period. Waiting for the child to reach adulthood can extinguish the parent's portion entirely.

Settlements involving minors have their own requirements, including court approval above certain amounts and sometimes appointment of a guardian.

The safe approach. Treat a minor's claim as though the ordinary deadline applies, and get specific advice rather than relying on tolling.

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.