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WHAT HAPPENS IF YOU MISS FLORIDA’S STATUTE OF LIMITATIONS FOR PERSONAL INJURY CLAIMS

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Shut up of gavel on wooden desk.

No matter the kind of private harm declare, you have to pay attention to and cling to the statute of limitations for these claims if you happen to think about submitting a private harm lawsuit in Florida. Proceed studying for info on the submitting deadline specified by this Florida statute, the importance of the deadline, and any potential extensions.

What’s the statute of limitations?

Per Florida Statutes part 95.11(3)(a), you’ve gotten 4 years, ordinarily starting from the date of the prevalence or accident, to file a civil lawsuit to acquire compensation for “an motion predicated on negligence.” Because the majority are ruled by the legal responsibility precept of “negligence,” that features virtually each conceivable sort of private harm lawsuit.

What if you happen to miss the deadline?

Suppose you try and file your private harm lawsuit after the underlying accident or incident has occurred for greater than 4 years. In that case, the defendant could deliver up this reality to the courtroom, and the courtroom will summarily dismiss your case. Until you qualify for an extension of the statute of limitations as a result of a uncommon exemption, you’ll now not be capable of pursue compensation to your accidents, no matter how extreme or apparent the defendant’s legal responsibility could also be.

The Florida private harm statute of limitations doesn’t solely apply if you happen to’ve chosen to file a proper lawsuit to pursue your injury declare in courtroom. The submitting date established by this statute can also be important to your place in talks over a private harm settlement with the defendant. Moreover, you’ll clearly haven’t any leverage if the four-year deadline has already handed.

It’s best to talk with a educated Tampa private harm lawyer if in case you have issues about how Florida’s statute of limitations would possibly apply to your potential private harm declare, primarily if the deadline has handed or is approaching.

Florida’s private harm statute of limitations exceptions

Florida has acknowledged a number of doable factual circumstances that may very well be used to postpone the beginning of the statute of limitations. Listed here are just a few cases of conditions that can in all probability alter Florida’s typical four-year window for submitting private harm lawsuits:

  • The injured occasion was legally deemed “incapacitated” (i.e., affected by a short lived or everlasting psychological sickness) on the time of the preliminary accident. Be aware that not more than seven years could elapse between the date of the accident and the lawsuit submitting, so an extension underneath this exception just isn’t open-ended.
  • The particular person accused of inflicting the accidents (the defendant) left Florida in some unspecified time in the future following the preliminary accident and earlier than the lawsuit may very well be filed. The defendant then took actions to cover from Florida authorities or modified their title or identification to keep away from “course of” (the case and summons) from being served.

summing up

Florida’s private harm statute of limitations locations a strict deadline in your means to request monetary compensation from a courtroom for losses ensuing from an accident. Talking with a private harm lawyer instantly after the accident is advisable to keep away from expensive errors comparable to lacking the submitting deadline.

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