Florida has enacted statute of limitations laws to ensure that all parties are equally protected. By limiting the amount of time that a lawsuit can be filed, statutes of limitations prevent potential legal issues that may arise after several years. For example, witnesses may move, pass away, or fade away. In addition, the evidence involved in legal cases may deteriorate.
If you are dealing with a legal issue and are uncertain about the time to file a claim, contact our law firm and ask to schedule a free consultation to discuss your case and explore your legal options.
How Long Do I Have to File a Claim?
The Florida statute of limitations allows personal injury victims up to four years to file a claim from the date they were injured. The exact amount of time applies to medical malpractice claims as well. However, if you are considering filing suit against a government agency or other similar type of entity, the time is limited to three years. Finally, if you are filing a wrongful death claim, you only have two years from the date the deceased passed away to file a lawsuit.
You must understand what the statute of limitations is for your particular case. Failing to submit your claim in the specified amount of time can have serious consequences for your case.
What Does Tolling the Statute of Limitations Mean?
The term “tolling the statute of limitations” means the time limit has been suspended or paused. Tolling the statute of limitations allows the plaintiff additional time to file their claim. Some common reasons for suspending the time limit include the following:
- The responsible party has fled the state
- The responsible party has provided a false name to authorities, inhibiting their ability to serve them with legal paperwork
- Pending arbitration relating to the personal injury claim
- The plaintiff or injured party is incompetent or mentally incapacitated and was in the same mental state when the injury occurred
- There are criminal proceedings concerning wrongful death
- The responsible party has concealed themselves either in or out of the state, so they cannot be served with legal paperwork
What Happens if I Miss the Deadline to File a Claim?
If you allow the statute of limitations, the court will refuse to hear your case. Accordingly, the court will dismiss your case with prejudice. Failing to file a claim on time can be detrimental to your situation, as filing a lawsuit may be your only recourse for recovering damages. Understand your case’s time limits and ensure you are prepared to file your claim ASAP.
Why Should I Hire an Attorney to Help Me With Statute of Limitations Issues?
Our attorneys have extensive legal knowledge when dealing with issues that relate to Florida statutes of limitations. As a result, we can assist you in filing a claim promptly so that you are not in danger of missing the deadline.
Do not allow your case to be thrown out simply because you failed to file a lawsuit in time. Instead, contact our law firm by calling 772-773-6697 and ask to schedule a free initial consultation with one of our experienced attorneys.