Everything You Need To Know About The Statute of Limitations In Florida
Brian O Sutter
Personal Injury
When it comes to most legal cases, both civil and criminal, there are three words that every victim should be aware of: statute of limitations. These words can make a large difference on whether you receive fair and just compensation, or you get left out in the cold. Though most people who are injured as a result of someone else’s negligence seek counsel right away, others are worried, afraid, or unsure what to do. Many times, people believe that they have all the time in the world to fight for their rights, but unfortunately, this isn’t always the case.
Statute of Limitations On Criminal Acts
Every state has statute of limitation laws. They vary from state to state and case to case. The laws are in place to ensure that legal actions are taken within a reasonable amount of time. When it comes to criminal law, the statute of limitations can prevent someone from making accusations against another party after a lengthy amount of time has passed. This can protect people from criminal acts they committed many years ago. Some of the common limitations include:
Most Misdemeanor Cases
• Second (2nd) Degree Misdemeanor – 1 year
• First (1st) Degree Misdemeanor – 2 years
Most Felony Cases
• Third (3rd) Degree Felony – 3 years
• Second (2nd) Degree Felony – 3 years
• First (1st) Degree Felony – 4 years
• Life Felony – No Statute of Limitations is Applicable
• Felony that Results in Death – No Statute of Limitations is Applicable
• Capital Felony – No Statute of Limitations is Applicable
So if you were a teenager who swiped a few bottles of liquor from your neighbor’s downstairs bar 25 years ago, they can’t suddenly
decide to press charges and disrupt your middle-aged and law-abiding life.
The downside of the statute of limitations is that you can’t decide to press charges against someone who wronged you decades ago now that you found the courage to do so. This is why it’s so important to file a criminal charge soon after it occurs. Justice is yours to pursue.
The Statute Of Limitations On Personal Injury Claims
The statute of limitations in civil cases and personal injury claims refer to the time limits for filing a personal injury claim against someone who caused you injury through their negligence.
Personal injuries can range from minor to severe. There are many ways to sustain injuries after someone else’s negligence, but the
most common occur as a result of:
• Automobile accidents
• Boating accidents
• Dog or animal bites
• Motorcycle accidents
• Slip-and-fall accidents
• Trucking accidents
The current statute of limitations to file a personal injury claim in the state of Florida is 4 years. If the accident resulted in the death of a loved one, you have 2 years from the date of their death to file a wrongful death suit.
The type of compensation that you can seek in a personal injury claim varies, but you are typically entitled to recover:
• Medical bills related to the treatment of injuries, including future bills
• Lost wages for the time spent away from work for injury, appointments, or therapy
• Cost of hiring someone for household chores that you cannot do because of your injury
• Permanent disability or disfigurement due to the accident
• Emotional distress from the accident
Personal Injury In An Auto Accident
Personal injuries can occur when you are involved in an automobile accident with another party. Since Florida is a no-fault state, your auto insurance carrier will provide compensation for medical expenses and lost income regardless of fault. However, if you obtain a serious injury in the accident, you can file a liability claim against the other driver who was at fault. In Florida, serious injury refers to:
• A permanent injury
• Significant and permanent scarring or disfigurement
• Significant and permanent loss of a bodily function
Determining serious injury can be challenging. If you believe that you have sustained a serious injury due to someone else’s negligence, contact a qualified personal injury lawyer who can help you receive the compensation you deserve. Don’t wait until it’s too late.