Many people have been a victim of personal injury at the hands of another and are unsure of the statute of limitations on filing a lawsuit in Florida. Fear not, we have the answers to some of the most common questions asked.
What is the statute of limitations on filing a lawsuit in Miami, FL?
Statute of limitations is based on the type of lawsuit and the time limit in which you have to file a personal injury lawsuit in Florida. If you fail to file within the time limit, you can no longer make a legal claim in court.
Why are there statutes of limitations in Miami, FL?
The reason why many states enforce statutes of limitations is because they assist in keeping the legal system fair for all parties involved. A time limit is important for both parties to be able to make their cases strong with evidence and a witness testimony.
How long do you have to file a personal injury lawsuit in Miami, FL?
In every state as well as Florida, statutes of limitations may differ based on circumstances and the type of injury.
Statute of limitations for Florida personal injury lawsuits. Must be filed within four years. It can happen that injuries are only discovered some time after the accident. In these cases, it is possible for the lawsuit-filing window to be extended. Some other examples that can extend or shorten the law-suit filing include the following:
- The type of personal injury case that you are filing. Claims involving medical malpractice, product liability, and wrongful death are subject to different statutes of limitations.
- The age of the victim. Minors under eighteen-years-old may be afforded seven years to file a personal injury claim in certain cases.
- Product liability. In Florida, products are expected to have an expected ‘useful life’ of ten years. Consumers cannot bring forth a product liability claim twelve years after use.
- Sexual abuse. Extended time is granted to sexual abuse victims. After a victim turns eighteen, he or she has seven years. The victim can also file a personal injury claim four years after the victim is no longer dependent on the abuser or from the date they discover injuries linked to the abuse. If the victim was a minor under the age of sixteen, they can file a lawsuit indefinitely.
If you have faced a personal injury due to negligence from another party, it is important to get in contact with a professional personal injury lawyer immediately. Remember the clock starts ticking right from the moment of the injury.
The statutes of limitations for personal injury lawsuits in Florida mentioned above are general guidelines to answer common questions asked.
Are you ready to file a personal injury lawsuit? Contact Shamis and Gentile, P.A. today for professional legal advice.