WHAT IS A STATUTE OF LIMITATIONS?
A statute of limitations is a law that limits the amount of time that the parties involved in a case have to take legal action. If a lawsuit is filed after the statute of limitations has expired, the court will most likely dismiss it, which means it will not be heard in court.
The statute of limitations will vary depending on the type of case. If you have been injured, it’s important to understand what the statute of limitations is for personal injury cases in Florida.
WHAT IS THE STATUTE OF LIMITATIONS FOR PERSONAL INJURY CASES IN FLORIDA?
The statute of limitations for most personal injury cases in Florida is four years. This means victims have four years from the date the accident occurred to file a lawsuit against the party that caused them harm.
In most cases, the four-year period begins on the date the accident occurred. For example, if you were injured on January 1, 2019 in a car accident caused by a negligent driver, you would have until January, 2023 to file a personal injury lawsuit against the at-fault driver.
But sometimes, the four-year deadline does not begin right away. The statute of limitations may be extended in cases where the victim did not discover their injuries immediately. In these cases, the four-year time period would begin on the date that the victim discovered their injuries.
WHAT ARE THE EXCEPTIONS TO FLORIDA’S STATUTE OF LIMITATIONS FOR PERSONAL INJURY CASES?
The four-year statute of limitations does not apply to all personal injury cases in the state of Florida. There are several exceptions, one of which applies to medical malpractice cases.
The statute of limitations for medical malpractice cases in Florida is two years from the date the malpractice was committed or two years from the date the malpractice was discovered. However, the law states that victims cannot file a medical malpractice lawsuit against a negligent healthcare provider if it has been over 4 years since the malpractice was committed.
There are other exceptions for victims who were minors at the time they were injured. If you were a minor at the time you were injured, you will have seven years from the date you sustained the injuries to file a personal injury lawsuit against the at-fault party.
There is also an exception if the at-fault party left the state of Florida before the victim had a chance to take legal action. In this case, the victim would have four years from the date the at-fault party returned to the state of Florida to file a lawsuit. This exception also applies if the at-fault party used a false name in order to avoid being sued by the victim.
If you decide to pursue a case in court, it would be very important for you to have an idea of if it is still within the period set by the statute of limitations law. If you want to know whether or not you still have time to take legal action, contact our personal injury attorneys as soon as possible. Let us review your case to determine if you still have the right to recover compensation for your devastating injuries.