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You may sue the party(ies) causing your injury, injured by an accident or dog. You must file your action within the Florida personal injury statute of limitations.
What Is the Statute of Limitations? How Does It Affect a Personal Injury Case?
A statute of limitation is the time given by a state to file lawsuits. The limitation varies in different states, but generally personal injury cases fall within these statutes of limitation. A personal injury is a tortious action based on negligence. You must have proof that your injuries result from another person’s negligence.
A lawsuit for injury to the person filed after the statute of limitation has run will be dismissed.
Exceptions are few, but they exist.
As soon as possible, reach out to a personal injury lawyer. The statute of limitation is unforgiving, and the clock starts running from the date your injury occurred.
You would be able to obtain more of the following by working with an attorney:
- Speak with witnesses
- Gather Evidence
- Meet all deadlines
Florida’s statutes of limitation must be met before your case may go to court.
The longer you wait the tougher it becomes to collect your evidence. It will also be less reliable.
Florida Personal Injury Statute of Limitations
Normally a Florida plaintiff has two years from the date of the accident within which to file his or her suit. It may be dismissed by court if the case is filed beyond the time limit set.
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What Are the Exceptions to Discovery of Harm and When Do They Apply?
If your injury is gradual, the discovery rule will apply. In an auto accident, a person may suffer an injury that is immediately visible and undeniable. For instance, a broken arm is not easy to ignore. A judge will not accept your argument that you did not know the injury before the statute of limitations ran.
The statute of limitations begins on the date that you knew of your injury, even though you may not have known the full extent of your injury for many years.
The discovery rule is not without its complications.
- The longer it takes between an injury and its discovery, the more difficult it is to collect evidence.
- The defense will argue you “should have been aware” of the injury.
The court will consider the cause of the delay. You may have caused the injury to progress if you ignored your back pain and carried on with your daily routine. The claim could be rejected if you were negligent and did not have your back checked.
Your lawyer will prove to the court that you were not aware of the injury, and that it was discovered after the initial incident.
Hire a Personal Injury Attorney
An experienced attorney in personal injury would consider your case and weigh if it is worth a litigation. He or she will also ensure that the personal injury statutes of limitations are met.
By working with an attorney such as from W. Lee Clark & Associates as soon as you can, you will be able to meet all deadlines and gather evidence to support your case.
