Personal Injury Statute Of Limitations Florida – We can take personal injury cases on a contingency fee basis, meaning you don’t pay anything but win. Other fee arrangements are possible.
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Personal Injury Statute Of Limitations Florida
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Timing Is Everything: When To File A Personal Injury Lawsuit
The statute of limitations for personal injury cases in Florida is generally four years, according to Section 95.11 of the Florida Statutes. This generally means you have four years from the date of the injury to file a personal injury lawsuit.
There may be exceptions to this deadline. In some cases, the four years start from the date you discovered the breach, rather than the date the breach occurred. Other special circumstances may affect the statute of limitations in your case.
Florida has a two-year statute of limitations for certain personal injury cases. This shorter deadline means you must act quickly to file your case. Common cases with a statute of limitations of two years are:
Wrongful death cases in Florida generally have a two-year statute of limitations. If you want to sue the municipality, the filing period may be shorter. Under Florida Statute § 768.28(6)(a)(1), you generally only have six months to sue a municipality.
Statute Of Repose Vs. Statute Of Limitations
Hire an attorney from our firm to get started on your case as quickly as possible. As long as you have enough time to file, our team can quickly get your case to the appropriate court.
We will notify the defendants that they are the focus of your lawsuit. Whether we are seeking compensation from an insurance company or another party, our team will move your case forward as quickly as possible.
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Guide To Filing A Personal Injury Claim
Whether you have thought about it or not, there are certain standards you must meet to become a personal injury lawyer. Our company meets the standards that personal injury victims must meet because we:
We also assist you with insurance claims and other legal matters in Florida. Our company will handle the claim or legal process for you. Each of our clients has the opportunity to focus on what is most important – their health, their loved ones and other details of their lives. We handle legal matters because that’s all we do.
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There isn’t much time left to file your case. Don’t hesitate to call our team and start the legal process. We will work hard to overcome obsolescence as time permits.
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On March 24, 2023, Florida Governor Ron DeSantis signed one of the most important tort reform bills in Florida history, HB 837. This new law makes significant changes to Florida’s longstanding tort law in many areas related to negligence. , Insurance. Bad faith and related rules of evidence, among others. This blog addresses one of the most important aspects of tort reform, which has halved Florida’s longstanding statute of limitations for negligence claims from four to two years.
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A statute of limitations is a procedural rule that establishes a strict time limit within which a plaintiff must file a lawsuit after the plaintiff’s cause of action first arises, otherwise the lawsuit will be barred.
VRH Mortgage, Inc. C. Butler, 684 So.2d 325 (Fla. 5th DCA 1996) (“In this case, the statute of limitations sets the period within which an action must be brought. The statute of limitations is directly related to the Date on which the cause of action arose.”). In other words, “The statute of limitations sets an outer limit to the initiation of litigation.” Plaza Ct., L.P. C. Baker-Chaput, 17 So.3d 720, 728 (Fla 5. DCA 2009).
Claims filed after the statute of limitations have expired are time-barred and no collection is possible.
Fla. Stat. § 95.011 (“A civil action or proceeding…is barred unless instituted within the time prescribed by this chapter.”). The statute of limitations “does not determine the merits of a claim, but merely eliminates the right to file a lawsuit.” Houck Corp. C. New River, Ltd., Pasco, 900 So.2d 601, 603 (Fla. 2d DCA 2005). Therefore, it is crucial that the plaintiff files a lawsuit with the claims before the statute of limitations expires and that the defendant is well aware of the possible application of the statute of limitations in defending the claim.
Ways That Florida Personal Injury Laws Differ From Other States
Decades before recent tort law reform, the statute of limitations in Florida for negligence giving rise to a cause of action was four years from the time the cause of action arose. However, as of March 24, 2023, Florida is Stat. § 95.11 was amended to shorten the statute of limitations for negligence claims from four years to just two years. Fla. Stat. § 95.11(4)(a) (2023). This generally means that plaintiffs who do not file a malpractice lawsuit within two years of the cause of action accruing will be barred from filing a lawsuit under the new statute of limitations instead of four years.
For claims arising from general negligence, the limitation period has changed from four years to two years. General negligence claims cover most personal injuries due to negligence, including car accidents, slips and falls, etc., and also include negligence claims for property damage.
However, the new, shorter statute of limitations only applies to negligence claims brought after the new law comes into force, i.e. on March 24, 2023.
H. B. 837 (“The amendment made by this Act to Section 95.11 of the Florida Statutes shall apply to causes of action arising after the date of enactment of this Act.”) “A cause of action arises when the ultimate element constituting the cause of action exists. “ Fla. Stat. § 95.031(1). The cause of general negligence occurs when the plaintiff is injured or suffers damage as a result of the defendant’s act or omission.
How To Choose The Right Personal Injury Attorney In Florida
Department of Transp. C. Soldover, 519 So.2d 616 (Fla. 1988) (“A cause of action for another’s negligence arises at the time the injury is first caused.”).
Accordingly, the new two-year, shorter statute of limitations should apply to all general negligence claims where the plaintiff first suffered injury or damage as a result of the defendant’s negligent conduct after March 24, 2023. Causes of Action Not Previously Brought As of March 24, 2023, the statute of limitations for negligence claims must be four prior statutory years.
Halving Florida’s long-standing negligence statute of limitations from four years to two years is a significant change impacting Florida tort law. Generally, a person who claims to have suffered an injury due to the alleged negligence of another person or entity after March 24, 2023 only has two years to file a lawsuit, making the lawsuit barred. Both injured parties and defendants (and insurance companies) should be aware of significant changes in Florida’s tort law system that will have far-reaching effects on the timing of filing negligence claims. . A team of experienced legal and medical experts dedicated to providing high quality, informative content. The information on this page and other parts of this website is regularly reviewed, updated and approved by a team of licensed attorneys and professional editors. If you notice any errors, please do not hesitate to let us know and we will check the information immediately.
When a person suffers an injury due to a doctor’s negligence, they only have a limited amount of time to file a lawsuit. In fact, each state has different rules for filing lawsuits. This is the rule and
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