If you have ever been injured in an accident, you may not fully realize how serious your injuries are until days, weeks or even months after the accident occurred. The fact is that it isn’t at all uncommon for injuries to show up after an accident, especially head trauma, neck problems, and spinal injuries.
For example, you may not have thought your back or neck injury was serious at the time it occurred; however, after a year you are still in pain. If you are in this situation, you may wonder if you can still file a personal injury lawsuit against the person who was at fault. Thanks to Florida law, there is a good chance you can.
Understanding the Statute of Limitations in Florida Personal Injury Cases
Every state has its own unique version of the statute of limitations. After the time period set by the statute of limitations has passed, you will no longer be able to assert your right to sue someone.
There are two main purposes of this law:
- To ensure memories of the incident and evidence remain fresh. If you wait too long after the accident occurs, then you may have a hard time finding witnesses, or the evidence related to the case may be missing, damaged or destroyed.
- At some point, the statute allows the at-fault party to be considered free of the liability. Having to worry about a possible lawsuit indefinitely could cause quite a bit of anguish.
Each state has its own law regarding the statute of limitations for personal injury cases, depending on the cause of action. For example, injury claims will have different limitations compared to breach of contract claims.
Statute of Limitations Laws for Personal Injury Cases in Florida
Compared to other states, the state of Florida has a Statute of Limitations that is somewhat liberal for personal injuries.
The following statute of limitations in Florida are used for personal injury cases:
- Premises liability cases – 4 years
- Injury to a person – 4 years
- Wrongful death – 2 years
- Injury to a person’s property – 4 years
- Medical malpractice – 2 to 4 years
- Slander/libel – 2 years
According to Florida law, the clock on the statute begins to “tick” when the final element of the cause of action has occurred. In most cases, Florida considers the statute to begin when the person injured knew, or should have known, about the injuries they suffered. However, there are certain rules based on the type of action that occurred, which is why it is best for an injury victim to speak to a personal injury attorney to know the laws regarding their situation specifically.
If you have been injured in an accident that was the result of someone else’s negligence or fault, you should contact a personal injury attorney for help as soon as you can. If the statute of limitations runs out on your case, you will lose your ability to ever recover compensation.
More information about filing a personal injury lawsuit can be found by calling the team of attorneys at Hardesty, Tyde, Green, Ashton & Clifton, P.A. at 904-414-4906.
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What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)