Hello Nancy,
Important Disclaimer: Answers provided on Google Answers are general
information, and are not intended to substitute informed professional
legal or other professional advice.
In the frequently asked questions of the Personal Injury Lawyer
Directory there are two questions that relate directly to what you are
asking.
“How long do I have to make a claim for Personal Injuries?
Every state has certain time limits, called "statutes of limitations,"
that govern the period during which you must file a personal injury
lawsuit. In some states, for example, you may have as little as one
year to file a lawsuit from an automobile accident. If you miss the
statutory deadline for filing a case, your case is thrown out of
court.
What are the Statute of Limitations?
The statutes of limitations are time frames in which you have to file
a lawsuit. When the statute of limitations expires on your case, you
simply don't have a case anymore. Statutes of limitation differ not
only from state to state, but also in regard to the kinds of lawsuits
involved. In some states the statute of limitations for medical
malpractice, suits against governmental agencies, and wrongful death
actions is shorter than that for other types of personal injury cases.
There are some exceptions and an experienced lawyer can help you with
them.”
Source: Personal Injury Lawyer Directory
http://www.personal-injury-lawyer-directory.com/faq.cfm
How long do I have to file my lawsuit?
“How much time do you have to file a lawsuit? No one-size-fits-all
answer exists. Every state has its own time limits, and even within a
state the period of time in which you must file a lawsuit varies
according to the type of claim. For example, rules in one state may
allow plaintiffs with personal injury claims (for instance, a broken
leg suffered in an auto accident) one year from the date of injury to
file suit and plaintiffs who sue for breach of a written contract
claims (for example, failure to make good on a promissory note) four
years from the date of breach to sue. In another state, personal
injury plaintiffs may have two years to sue, and plaintiffs with
breach of written contract claims may have five years.”
http://www.lawsguide.com/mylawyer/guideview.asp?layer=3&article=549
The table below sets forth Florida’s statutes of limitations for many
common types of lawsuits.
---------------------------------------------------------
Time Limitations for Filing Lawsuits – Florida
* There are numerous exceptions and qualifications to the
information listed below. For information relevant to your
particular cause of action, consult an attorney.
---------------------------------------------------------
Civil
Type of Lawsuit Must be Filed Within
---------------------------------------------------------
An action on a contract,
obligation, or liability
founded on a written Five years from the date
document cause of action arises
An action to foreclose
a mortgage Five years
An action founded on negligence Four years
An action relating to paternity Four years
An action founded on the design,
planning, or construction of an
improvement to real property Four years
An action for personal injury
founded on design, manufacture,
distribution, or sale of
personal property
(products liability) Four years
An action for trespass on real
property Four years
An action for taking, detaining
or injuring real property Four years
An action on a contract, obligation,
or liability not founded on a
written instrument Four years
An action for assault, battery,
false arrest, malicious prosecution,
or false imprisonment Four years
An action for professional
malpractice Two years
An action for wrongful death Two years
An action for defamation Two years
An action for specific performance
of a contract One year
http://www.weblocator.com/attorney/fl/law/processcon.html
Florida Statutes 95.11
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/SEC11.HTM&Title=->2001->Ch0095->Section%2011
2001 Florida Statutes
Limitations Of Actions; Adverse Possession - Chapter 95
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0095/titl0095.htm&StatuteYear=2001&Title=%2D%3E2001%2D%3EChapter%2095
In Florida the statute of limitations for medical malpractice is two
years from when the patient (or sometimes a particular family member
or guardian) either knows, or should know with the exercise of
reasonable diligence, that the injury has occurred and there is a
reasonable possibility that the injury was caused by medical
malpractice. Florida also has a very harsh rule that goes along with
it called the statute of repose. This rule says that unless there is
fraud, concealment, or misrepresentation, under no circumstances may a
healthcare provider be sued for medical malpractice more than four
years after the actual incident of malpractice. So even if the patient
or family does not know about the malpractice, they may not bring the
claim more than four years after the malpractice occurs under most
circumstances. http://www.floridamalpractice.com/med2.htm
So the answer to your question is:
The Statute of Limitations in Florida for Personal Injury/Negligence
is 4 years. But I repeat, there are some exceptions and only an
experienced lawyer can help you with them. This not intended to
substitute informed professional legal or other professional advice.
Additional information that may interest you:
Florida Personal Injury Law
http://www.weblocator.com/attorney/fl/law/pigen.html#10
Florida Process of a Lawsuit
http://www.weblocator.com/attorney/fl/law/processcon.html
Florida Law Online
http://www.floridalawonline.net/const.html#statutes
Search Criteria:
Florida Law
Florida Time limits on filing a personal injury lawsuit
Statutes of Limitations +Florida
Thank you for your question and I hope this response has provided you
with the information you were seeking.
Best Regards,
Bobbie7-ga |
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