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How Long Do You Have to File an Injury Lawsuit?

November 21, 2017


Each state varies in the amount of time that a plaintiff has to file a personal injury lawsuit. This time limit, otherwise known as the Statute of Limitations, sets a deadline for filing a lawsuit in Florida Civil Court against the entity (person or business) that you believe might be liable for your injuries. Although state laws seek to provide a way that an injured party may be "made whole" again, the court can refuse to hear any tort case that was not filed within the specified timeline.

Statute of Limitations for Common Civil Lawsuits

The Statute of Limitations in Florida encourages the plaintiff to file a lawsuit in civil court in a timely manner, so that the defendant has ample notice of a plaintiff's claim that damages may have occurred. Listed below are some civil statutes of limitations:

  • Personal Injury - 4 years
  • Damage to Personal Property - 4 years
  • Professional Malpractice - 2 years
  • Medical Malpractice - 2 to 4 years
  • Defamation or Slander - 2 years
  • Fraudulent Acts - 4 years

In Florida, an injured party basically has two to four years from the date of damages to file a civil lawsuit. In some cases, this can be extended if the injuries were not known at the time but were discovered at a later date.

Negotiating a Personal Injury Settlement

The most common way for a plaintiff to receive relief is by monetary compensation for damages. However, both parties have a broad range of legal options if a settlement can be negotiated outside the courtroom. Even though the Statutes of Limitations in Florida provide two to four years, anyone injured by the negligence or unreasonable actions of another should seek legal counsel immediately. As is the case with most legal claims, valuable evidence can be lost if not professionally investigated and properly documented as soon as possible.

If you or a loved one were injured or had personal damages due to someone else's fault, contact Schackow & Mercadante to speak with a personal injury attorney today.

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