The Statute Of Limitations In Florida Personal Injury Cases
A statute of limitations is a law that establishes the period of time in which a person must file a lawsuit – if they do not, they lose the right to file that suit at all. The reason why these statutes exist is because over time, evidence and memories degrade – too long and a court case will wind up being the plaintiff’s word against the defendant’s. It is imperative that you understand the statute of limitations if you have been a victim of another person’s negligence.
Why Do Statutes Of Limitations Exist?
If someone has never been the victim of a crime or of a civil tort – essentially the civil version of a crime – they may not know that taking legal action is time limited, in all but the rarest circumstances (for example, there is no statute of limitations on capital murder in Florida). There are several reasons for this, but perhaps chief among them is the fact that the longer claims take to file, the less important they are usually found to be.
For example, if a business is damaged by a breach of contract on the part of one of their vendors, but delays in filing a lawsuit until the very end of the statutory period, one can infer that in most situations, the business’s damages may not be very acute. Alternatively, if a business waits too long to file suit over being injured, documentary evidence may be lost, or people of interest may retire or move away. Time is generally of the essence in moments of true need.
Florida Makes Changes In 2024
Up until the passage of HB 837 in 2023, Florida’s statute of limitations in civil personal injury cases was four years. Last year, in an effort to promote “tort reform,” Florida’s legislature approved the lowering of the statute to two years, with certain exceptions for lawsuits filed before the official date of the law’s change. What this means is that if you are injured due to the negligence of another person, you must file suit against them within two years from the date of your accident in most cases.
This may not seem like a major change, but it is important to keep in mind that two years can elapse much faster than one might think. Too many people fail to act in time, and if this happens, they are forever barred from filing their claim and attempting to seek damages for the harm they have suffered. If your injuries are severe, a jury award can make a big difference, as you can then focus on physical recovery while your finances are secure.
Contact A Maitland Personal Injury Attorney
If you have been injured in an accident in Florida, and you believe that it was due to the negligence of another person, you may be entitled to money damages – but you must act fast. A Maitland personal injury attorney from the Hornsby Law Group can help answer any questions you have about the legal process. Call our office today to schedule a free consultation.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.15.html
