October 19, 2013 /24-7PressRelease/
-- Whether it be in a car accident, a fall caused by a broken set of stairs at a business or any other situation, those who are injured as a result of another person's negligence may have a claim for both medical bills and pain and suffering. Nevertheless, no matter the cause, the right to bring a claim for injury against another party does not last forever. Indeed, under Florida law, potential plaintiffs have only a limited amount of time to file personal injury
What is a statute of limitations?
A statute of limitations is a law that mandates that a lawsuit be filed within a certain amount of time after an injury to be valid. If a person files a lawsuit after the statute of limitations has expired, then his suit will be dismissed, unless some sort of exception applies. Typically, the amount of time a plaintiff has to file a lawsuit depends on the type of claim he has.
How long do plaintiffs in Florida have to file?
In most cases, the clock for an injured party starts ticking at the time he suffers his injury. In some cases, however, it is not possible for a reasonable person to know that he has been injured. Under these circumstances, the law specifies that the clock begins when the person discovers his injury.
In addition, most cases have the potential to give rise to multiple types of claim, many of which have different statutes of limitations. Although one particular claim may be barred by the rules, it may be possible to file another type of claim.
In Florida, plaintiffs generally have four years to file personal injury claims. Typically, these sorts of claims include injuries suffered in car and truck crashes, falls and other accidents. In cases where property damage has occurred, Florida law requires that property damage claims also be brought within four years. For other claims, such as medical malpractice, the limitations period is only two years, though other specific rules apply.
Overall, the best policy is to waste no time if you or someone in your family has been injured. Although the rules regarding statutes of limitations may seem straightforward, the reality is that it can be difficult to determine whether a suit is barred. For more information about statutes of limitations and how they may apply to your case, consider contacting an experienced personal injury lawyer.
Article provided by Avera & Smith, LLP
Visit us at www.avera.com