Whether you have been involved in a car accident, a slip and fall or any other accident where someone else’s negligence caused you harm, it is crucial to understand and comply with the statute of limitations if you are thinking about filing a personal injury lawsuit in Florida. If you need to know more, please read on for more details, then contact a skilled Broward County personal injury attorney to learn what is the statute of limitations for personal injury claims in Florida.
How long is the statute of limitations in Florida?
Under Florida Statute section 95.11(3)(a), you have four years to file a lawsuit, typically starting from the date of the underlying accident or incident. Your civil lawsuit will seek legal remedy, i.e. compensation, for “an action founded on negligence.” That definition includes almost all conceivable types of personal injury lawsuits since the liability principle of “negligence” governs most.
What happens if you miss the statute of limitations in Florida?
If you try to file your personal injury lawsuit after more than four years have passed since the underlying accident, the defendant will almost certainly point this out to the court, which will summarily dismiss your case. As such, you will lose your right to seek damages. However, there are exceptions to the Florida personal injury statute of limitations. These exceptions are as follows:
- The injured person had been legally deemed “incapacitated” at the time of the underlying accident
- The person who allegedly caused the injury left the state of Florida at some point after the underlying accident and before the lawsuit could be filed, and
- The defendant took steps to conceal him- or herself in Florida, changed his or her identity, preventing “process” from being served
How can a Broward County personal injury attorney help you?
These cases have a tendency to languish in the state’s civil courts. A seasoned legal professional will see that it does not happen in your case. Furthermore, our firm can help you better assess your case and whether or not the statute of limitations will be waived in this instance. Do not go it alone. If all this sounds complicated, give us a call today.
Contact Our Experienced Broward County Firm
If you require legal representation for matters of personal injury, family law, criminal defense, commercial litigation, or aviation litigation, look no further than The Finizio Law Group. Our firm has decades of combined experience representing clients from all walks of life, and we are here to put those years of experience to work for you as well. Contact us today to schedule your initial consultation with our team and to learn more about our services and how we can assist you.