Personal injuries are a universal legal issue that face consumers nationwide. However, each state has a unique method of contending with these claims with their own limitations and exceptions for personal injury claims.
The term “personal injury” is intentionally broad and refers to a wide range of harms including:
In all of these cases, the harm comes from the negligent, reckless, or harmful conduct of another individual who owed the victim some duty of care. In most personal injury cases, the heart of the debate will be whether the defendant acted in a manner consistent with how a reasonable person would have acted.
Florida has very specific procedures regarding how a personal injury lawsuit can be brought. The most ironclad of these regulations is the Statute of Limitations. The Statute of Limitations declares how long a victim can wait from the day of the accident before filing a lawsuit.
In the state of Florida, a victim has four years to file their lawsuit. If the lawsuit is filed even one day after the four year mark, their case can be summarily dismissed for being brought too late.
However, there are some circumstances that can adjust the window of the Statute of Limitations. These exceptions can trigger when either the victim or the perpetrator fulfill a certain set of criteria.
One exception covers the state of the victim. If the victim has been declared “incapacitated,” either due to a temporary or permanent disability, then the window for filing will extend from four years to seven instead.
The other two notable exceptions both cover the defendant’s state. If the defendant has fled the state of Florida or has remained in Florida but attempted to hide from the lawsuit to prevent it being served, then the Statute of Limitations will extend to allow for the defendant to be located and brought to stand trial.
If you plan on filing a personal injury lawsuit, you will need an experienced Florida personal injury attorney who can guide you through the procedural hurdles unique to the area. The best way to find an experienced Florida attorney is with Attorney at Law.
At AAL, our nationwide network of attorneys and law firms include the top law firms across the state of Florida. Our partners have a proven track record of success as well as excellent client care. With our partners, your lawsuit will get the attention it deserves while giving you and your family the respect that you deserve.
Don’t wait. Contact AAL today for a free, no obligation consultation and begin your journey to justice.