Explaining Florida’s Personal Injury Statute Of Limitations

When a person is injured due to the negligence of another person or entity, the injured plaintiff can seek compensation in civil court, under the legal theory of personal injury. What many do not know, however, is that there is a specific time frame in which an injured person must file suit, or they lose the right to do so. This is known as the statute of limitations, and it is crucial to be aware of it when determining whether or not you have a case.

Fair But Fast

Statutes of limitations came into being with English common law, of which much was later adopted to create the United States’ initial law code. The main rationale for their existing is simple: both physical evidence and witness memories decay over time. If a person could bring a legal case against another person long after the fact, the truth and usefulness of evidence would be called into question.

Florida state law tends to favor fairly short statutes of limitations for injuries done to individuals. In recent years, the statute of limitations for negligence cases was changed from four years to two, which means that an injured person has two years from the date of the accident in which to file a lawsuit against their chosen defendant. Thus, it is important to act fast.

A Hard & Fast Deadline

If you have been involved in a personal injury accident and you suspect negligence on the part of another person, the short statute of limitations means that you should find an attorney immediately. Two years seems like a long time to file a legal complaint, but in truth, more is involved than simply sending in some papers. Evidence gathering during this time is crucial, and an attorney can help this process go much more smoothly than trying to go it alone.

Regardless of the quality of your evidence or of your case overall, It is important to understand that these statutes are written in stone – that is, exceptions are so rare as to be non-existent. If you miss the deadline, your ability to seek compensation in this case is barred forever. This is all the more reason to find legal representation sooner, rather than later.

Contact An Orlando Personal Injury Attorney

Sustaining injuries due to the negligence of another person is never easy. If you have experienced this, it is important to find an Orlando personal injury attorney quickly, so that your case can go forward. The Hornsby Law Group has handled many of these types of cases, and will work hard to ensure yours has the best outcome possible. Contact our office today at (407) 499-8887 to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html