Imagine you were involved in a
car accident. At the time of the incident, you may have assumed that your injuries
were minor and would heal soon, but they’re still lingering. Or
imagine you brought your car in for repairs a few months ago and learned—only
after you were in a collision—that your brake fluid has been leaking.
In these instances, can you still file a lawsuit, despite not discovering
the damage initially? Fortunately, if you are still within the “statute
of limitations,” you can.
Florida Statute of Limitations
A statute of limitations refers to a timeframe during which an individual
needs to file a lawsuit. If you do not file a lawsuit within the statute
of limitations, you will not be able to pursue legal action.
Florida’s statute of limitations establishes the following time periods
for filing negligence claims:
Personal injury – You can file a personal injury lawsuit
four years from the date of the event that caused injury.
Wrongful death – You can file a wrongful death lawsuit
two years from the date of the event that caused death.
Medical malpractice – You can file a medical malpractice lawsuit
two years from the date of the event or
two years from the date that the injury was discovered or should have been discovered
in the exercise of due diligence (cannot be later than four years from
the date of the event).
Claims against local government – You can file a lawsuit against a city, county, or state government entity
three years from the date of the injury.
A statute of limitations is in place for various reasons. The most important
aspect is to maintain the integrity of evidence, personal accounts, and
witness testimony. Over time, some evidence—and even memory—can
deteriorate. So for a fair trial to occur, the suit must be initiated
within the statute of limitations.
If you have been injured in an accident caused by a negligent party,
request a free consultation with our Dunedin personal injury attorney at
Paulsen Law Group today.