If you want to file a lawsuit, there is a certain period of time after an accident during which a case can be filed; this is called the statute of limitations. Once this time period expires, the courts no longer have the jurisdiction to punish violators. This means that lawsuits can no longer be filed. This time period may be different for each state and each kind of case, and it may be as little as thirty days or as much as twenty years. Because of the statute of limitations, it is very important to seek the advice of an experienced lawyer soon after an accident or injury.
Florida’s statutes of limitations vary widely based on the type of case in question. For example, the time limit to file a personal injury claim is two years, while libel and slander are two years, fraud is four years, destruction of personal property is four years, and professional malpractice is two years. Though at first glance these time restrictions seem fairly straightforward, there are many exceptions. For example, for medical malpractice, the statute of limitations is two years from the date of the incident or the date of discovery, but there are special allowances for cases with minors under eighteen years old or in the case of fraud and misrepresentation of an injury.
Furthermore, the statute of limitations can be changed or created by a state’s legislature. For example, former Florida Governor Rick Scott signed a property insurance cost control bill that created a three-year statute of limitation on hurricane and windstorm claims and a two-year statute of limitation on sinkhole claims.
Because of the time limit imposed by the statute of limitations, it is important to not delay in retaining an experienced personal injury lawyer to assist with your potential claim. The attorneys at Morgan & Morgan have the knowledge, experience, and resources necessary to handle Florida personal injury lawsuits to completion. If you have a question about the statute of limitations for your case, contact us today.