411: Statute of Limitations in Florida: the Clock is Ticking

Jan. 3rd, 2014   /   , , , , ,

The personal injury attorneys at the Law Offices of Aronberg, Aronberg & Green know that you only have a certain amount of time during which you can begin to fight for compensation for the injuries you’ve sustained due to the negligence of others.

Our firm represents clients who have suffered from a wide variety of injuries stemming from a wide range of incidents, from cases of car crashes to slip and falls to medical malpractice. Our clients suffer for years—even for lifetimes—following the tragic accidents; however, the fact that they will suffer for a long time after the incident does not negate the fact that they only have a short time before which they will not be allowed to recover money for their losses.

In the law, a “statute of limitations” (not “statue of limitations,” as Kramer from the Seinfeld series claimed the phrase was pronounced) determines the time period during which a legal issue (such as a personal injury case) can be initiated—after the time has lapsed, barring some other legal exception, the injured individual loses the right to file a lawsuit seeking money for damages they’ve incurred due to the negligence of another. In this blog, we have outlined the statutes of limitations, as defined by s. 95.11 of the Florida State Statutes, for the types of cases we handle frequently

For a case of “professional malpractice,” including medical malpractice that results in injury and/or other losses to the victim, a legal action to collect compensation for the victim must be initiated within 2 years from the date on which the act giving rise to injury took place, or within two years of the date on which the injury was or should have been detected. (This two-year limitation applies to cases in which the victim was at least eight years old.)

Similarly, for a case of wrongful death, a legal action to collect compensation must be initiated within two years of the date of the victim’s death. So, for instance, if a loved one passes away due to the negligence of another individual, in the form of reckless driving or medical malpractice, a lawsuit to collect compensation for the wrongful death must be filed within two years of the date on which the victim died.

For a case of “personal injury,” including a car accident caused by negligence, a slip-and-fall caused by negligence, etc., a legal action to collect compensation for the victim must be initiated within four years of the injury.

Similarly, a product liability case, in which an individual has been injured due to the negligence in the design, manufacturing or marketing of a product, must see a legal action initiated within four years of the date that the defect was or should have been detected.

Four and a half years after a horrible car accident caused by the negligence of others, your pain might be just as severe as it was the day after the accident. The fact is, however, that your right to file a claim to collect compensation four and a half years after the fact is not the same as it was the day after the incident. If you’ve been injured due to the negligence of another, you must contact a personal injury attorney as soon as possible. Do not wait until the last minute—doing so hurts your case and it also prevents your legal team from doing proper research before initiating a legal action.

So, if you’ve been injured due to the wrongdoing of another, contact the Law Offices of Aronberg, Aronberg & Green for a free consultation by calling us at 561-266-9191 or emailing us at daronberg@aronberglaw.com.

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