What is the Statute of Limitations on Personal Injury Cases in Florida?
While the standard Florida statute of limitations for personal injury is four years, certain factors can extend the period or effectively stop the timer.
If you have suffered damage as a result of someone else’s negligence, you can claim damages up to a certain period of time. The legal term for this is the statute of limitations. In Florida, you have four years to file a lawsuit against the person or entity responsible for your injury.
What is the statute of limitations?
The statute of limitations is the period by which you have to file a lawsuit. This varies between states and depending on the type of litigation. The time begins with the date on which the incident occurred.
If this action is filed after the set deadline, it will be deemed invalid by the court and the action will be dismissed. So make sure you know the timeframe you have available and initiate legal proceedings within that timeframe.
Florida Personal Injury Statute of Limitations
Florida has a deadline that sets the date before a victim can file a lawsuit against the company or the person who harmed them through neglect. According to Florida law, the statute of limitations for personal injury is four years.
The deadline may change depending on the status of the defendant. For example, if you are targeting the Florida government, different rules will apply to legal processes. In addition, the limitation period is reduced to three years.
Do not hesitate to contact a Boca Raton personal injury attorney for more information and guidance on how to deal with a personal injury case. When taking action against government agencies, you should never go into action without professional legal assistance.
What can interrupt the statute of limitations
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While the standard Florida statute of limitations for personal injury is four years, certain factors can extend the period or effectively stop the timer. If your case fits into any of the following scenarios, you may have extra time.
The limitation period can often not be extended indefinitely. In some cases, regardless of any extensions, the final deadline is seven years. Make sure you consult a qualified lawyer before you relax too much. Plus, it’s always best to prepare well in advance as you never know what unpredictable situations may arise.
Discovery can be a helpful opportunity for victims of personal injury. If used wisely and correctly, it can strengthen your reasoning and lead to a turning point in the case.
However, it can be difficult to use as it depends on many factors. Let your lawyer advise you on what to find out and how to take appropriate legal action.
The deadline can be extended if the plaintiff was considered incapable of doing business (due to mental illness) when the accident occurred. Because every state handles these exemptions differently, contact an attorney and find out which exemptions apply to your case.
The defendant fled
The statutory timer pauses when the defendant leaves the state of Florida. The departure must take place sometime after the accident in question and before legal action is taken.
The defendant tried to prevent a trial
The standard deadline for filing a personal injury lawsuit can also be extended if the defendant tried to obstruct the proceedings in any way. There are several ways to do this, including by hiding their identity.
The bottom line
The statute of limitations on personal injury in Florida is a complex issue. While the standard period is four years from the date of the breach, several exceptions may apply to change this time frame. In some cases, it can be shorter (if a lawsuit is filed against the government) or longer.
It is always best to start preparing your case record under the guidance of a legal professional as soon as possible to ensure you have the best chance of receiving maximum compensation for your pain and suffering.