The statute of limitations is a legal time limit for filing a lawsuit. It sets the deadline for bringing a case to court and varies depending on the type of case and jurisdiction. In personal injury cases, the statute of limitations typically ranges from one to six years, with the time limit starting from the date of the injury or the date when the injury was discovered. If an individual misses the statute of limitations for their case, they may be unable to recover damages for their injuries, even if they have a strong case.
What is the Statute of Limitations for Personal Injury Cases in Florida?
The statute of limitations for personal injury cases in Florida is two (2) years from the date of the injury. This means that an individual who has been injured must file a lawsuit within two years of the date the injury occurred, or they will be barred from pursuing legal action. It is important to keep in mind that the statute of limitations can be extended in certain circumstances, such as if the injured person was a minor at the time of the injury or if the injury was not immediately discovered. However, it is always best to consult with an attorney to determine the specific statute of limitations that applies to your situation.
NOTE: The statute of limitations for personal injury cases in Florida was four (4) years for accidents that occurred prior to March 2023. The law has changed. Consult with an attorney fore more details on how the statute of limitations applies to your case.
What Happens if I Miss the Statute of Limitations for a Personal Injury Case in Florida?
If you miss the statute of limitations for a personal injury case in Florida, your case will likely be barred from proceeding. This means that you will be unable to file a lawsuit and recover damages for your injuries. The statute of limitations serves as a deadline for filing a personal injury lawsuit and is considered a strict time limit.
Once the statute of limitations has passed, the defendant can raise the statute of limitations as a defense in court, and the judge will likely dismiss the case. This means that even if you have a strong case, you will not be able to recover damages for your injuries if you have missed the statute of limitations.
Therefore, it is important to seek legal counsel as soon as possible after being injured to ensure that your case is filed within the statute of limitations and to avoid missing the deadline. An experienced personal injury attorney can help you understand the applicable statute of limitations and take the necessary steps to protect your rights.