Strict Deadlines For Filing An Injury Lawsuit In Florida
Brian O Sutter
Personal Injury
We wouldn't have jobs if law practice was easy and straightforward. There are intricacies and regulations that change one case to a completely different argument or throw a case out completely due to one small detail or missed opportunity. Injury lawyers are there to make all of those things digestible for you and do them the right way, when you deserve compensation for an injury or accident. There are some basics when considering an injury lawsuit that you will want to be reminded of, just to help us help you. Deadlines
A deadline in the law community is basically the amount of time between the event that is leading to the legal proceedings to when the case must be filed for valid consideration. This is often called a statute of limitations, a term we are sure you have heard tossed around on the news or in passing. Statute of limitations just refers to the differing amount of time you are allowed to bring legal action against someone. Each scenario or crime has a different statute, also varying from state to state.
Specific to injury cases the statute of limitations in Florida is 4 years. Majority of the United States practice a 2-3 years statute of limitations in injury cases. So Florida can enjoy a little more time to file the case. Specifically, this means that from the time the injury occurred to the time the lawsuit is filed cannot exceed 4 years.
Penalties For Not Meeting Deadline
Statutes apply to both civil and criminal cases. If the time limit is not met the case will be thrown out completely. There is an explanation for this idea of a statute. The case can become more complicated, difficult to protect and circumstances can greatly change for both parties within that time. The evidence may not be available after the given timeline, memory of the incident or documentation needed to prove that any of it even happened may not be available any longer.
Sometimes it is important to think of law from the perspective of the machine that runs it. If there were no statutes of limitations and you could file any suit from any amount of time in the past the system would be crazy, clogged and unable to perform its duties. In order to make sure you are protected and compensated for your injury, it is important to pay attention to the time passed and consult a personal injury attorney about your options and next steps.
When To File An Injury Case
Some people become concerned about the time limits of when a case is valid or not, feeling that it is not long enough. Other people feel the opposite, as though you should have a short period of time to figure out how to deal with the acute event or not. There is where the problem lies, these injuries may not always be acute. Sure, if you have a fall and break something or there is a car accident that requires medical visits immediately there is a more concrete look at what the need for legal action is. However, it is always possible that medical complications are not acute and become worse over time.
This is why Florida has an ideal statute of limitations on injury cases. Four years is a proper amount of time to assess if an injury you sustained from an accident or event actually caused long-term problems in comparison to how you originally felt. Especially in high intensity situations you may take some time to notice all the repercussions of the injury on your body. Other conditions may develop that were caused by the injury or accident. This is when it is important and necessary to have an accessible statute of limitations and a good injury lawyer. We understand why the limitations work and when you have a strong case that we can push for compensation for your pain.