A statute of limitations an act that provides an amount of time for the time that a person has to start a lawsuit. The goal of an expiration date is to make sure that the cases are considered in a reasonable period of time, and evidence is accessible.
Every state has their specific statute of limitations and it varies according to the kind of incident. In this piece we’ll go over details regarding Florida’s personal injury statute of limitations. We’ll also answer certain questions.
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Personal Injuries Law of Limitation Florida
Personal injuries are legally recognized term for the bodily injuries that occur in any kind of incident. The majority of the time, personal injuries occur as a result of collisions with cars.
In the majority of personal injury cases that involve bodily injury The Florida time limit for filing a lawsuit is four years after the date of the incident. That means you’ve got 4 years after the date of your accident to bring a personal injury suit. If you fail to start your case within the period, you’ll not be able to file it.
Certain exceptions can be made from this standard. If, for instance, your injuries did not become apparent immediately at the time of the accident, your time period of four years may not start until you have discovered or have found out about the extent of your injuries. When the party in the lawsuit is a federal company, it could take just six months to pursue your claim. It’s essential to start the process in the shortest time possible following the incident.
The Statute of Limitations Begins to Run
The Florida personal law of limitation for injuries runs starting from the date of the incident. In other words, if you’re injured by a motorist the 1st of January, 2022, you’ll have till January 1 2026 in order to file your claim for personal injury.
Don’t wait for that for too long. There are a lot of proofs and details that need to be organized and collected before filing your claim. Take as long as you can by starting now.
The types of cases that are included
- Car Accidents If you’ve been in an accident involving a vehicle You have 4 years after the date of the incident to submit a personal injury claim. It includes claims for personal and property damages.
- Slip and fall accidents: If you’ve been injured as a result of an accident involving a fall or slip You have 4 years from the date of the incident to bring an injury-related claim. These include premises liability claims on behalf of homeowners or public institutions.
- Criminal Acts If you’ve been beaten or assaulted, and been injured as a result of that crime, you can be able to file a personal injury claim. Important to remember that regardless of whether the person who caused your injury is facing the possibility of criminal charges, you’ll be required to submit a personal injury claim within the 4-year time frame of limitations in order to seek more damages from the person who injured you.
Exclusivity to an exception to Florida Statute of Limitations Personal injury
In any legal situation there are limitations. Below are the most commonly used exemptions from the Florida personal law of limitations for injuries.
Incapacitation
If you’re hurt during an accident that is serious and you’re injured in a serious accident, you might not be eligible to file an action in court due to the injuries. It’s possible that you’re suffering from a serious illness or undergo numerous surgeries which do not allow your time to think about different matters. If so it’s possible to extend the statute of limitations, and you’ll have as long as seven years after the date of the incident to make a personal injury lawsuit.
Minor
If you’ve been injured while minor – i.e. someone who was not yet of 18 years old–the time limit can be extended by seven years. If you’re getting close to turning 18, the 4-year limitation period will begin in the year you turn 18.
The defendant left the state
If you are aware of the person who hurt you, it could seem as if it’s simple to bring a lawsuit against the person who injured you. Many people, however, leave states when they are aware that they’re likely being threatened with a lawsuit. If it happens prior to when the time you make your claim it could be possible to block the clock while you search for the person who is liable.
Defense Defendants Concealed Theirself
In lieu of fleeing from the state Some defendants might try disguise their identity in order in order to stay out of a lawsuit. It’s exactly similar to an individual who is fleeing. It is possible to stop the timer while trying to find the person.
Child Sexual Abusement
Many young children don’t reveal sexual abuse until much later in life. If they are afraid of reprisal against their perpetrator or do not understand the circumstances adhering to an unconstitutional statute of limitations for these instances would make them unable to receive justice. This is why Florida has abolished the statute of limitation regarding child sexual abuse allegations. Whatever time has passed, anyone who lives in Florida is able to file the sexual abuse complaint.
Government Defendant
Some people may be injured while taking public transport or taking a walk up the steps to the city hall. The government vehicle could hit their vehicle or suffer an injury while on the property of government. If a government entity results in the injuries you suffer, you’ll only get three years to bring the personal injury lawsuit. Also, you’re limited to how much that you can get.
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Different types of personal injuries with different Statutes of Limitations Florida
The various kinds of accidents and injuries cause different times in regards to the time you need to submit a personal injury lawsuit. There are a few common nuances regarding the Florida time limit for filing a claim.
Medical Practice
It’s important to be clear from the outset: not every medical issue rises to degree of medical malpractice. However, if a physician or medical professional behaves in a way that’s not in line with the bounds of a reasonable medical standard it could be grounds for the possibility of a claim for medical negligence.
In this scenario it would take you just two years to make a claim. The clock begins to run the moment you realize, or have discovered your injury.
Workers” Compensation
Workers’ compensation insurance is a type of policy which, with a few exemptions, every business in Florida has to have. The policy covers employees who are injured in the course of their work and helps them pay their expenses for medical treatment and lost pay.
If you’ve been injured while at work, you’ll only have 2 years to file an injury claim. If you wait for this period to expire, you may be denied any compensation.
Unjustified Death
If someone is killed due to an act of another and the family of the deceased may be eligible to make a wrongful-death claim. In the majority of cases the family has two years following the date of the death date to make the claim.
What Should You Do If You Didn’t Meet Deadline for the Statute of Limitations Deadline
If you do not meet the time limit for statute of limitations then you’ll be ineligible to claim damages in compensation for the injuries. This is true for both economic and non-economic damages like injuries and pain.
In certain cases there may be an opportunity to claim a late payment However, you must be aware that this isn’t always the case. Get in touch with a seasoned Florida lawyer for personal injury right away for a discussion of the legal possibilities.
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Frequently Asked Questions
How long do you have to sue for a personal injury in Florida?
In general, you have four years from the date of your injury. However, if you’re suing a government entity, suing for medical malpractice, or workers’ compensation, that time is reduced. For child sexual abuse, however, there is no statute of limitations.
Is medical malpractice a kind of personal injury?
Yes, but it has more stringent standards, and a shorter statute of limitations—just two years. To prove a medical malpractice claim, you would need to show that a medical professional failed to adhere to a specific medical standard, and that was the direct cause of your injury.
How do you find a lawyer for Florida personal injury?
The internet is your friend. Search for experienced attorneys in your area. Also ask your friends and family. If they have experience with any lawyers, one of the best ways to find a good lawyer is through referrals.