Like all other forms of law, personal injury law is regulated by certain statutes and rules. These guidelines tend to vary from state to state, so understanding how personal injury law operates in Florida is key to filing for and winning that kind of case. While having a personal injury attorney on one’s side is an invaluable asset in going through such a lawsuit, it is good to be aware of some of the regulating laws. One such is directly related to how long a person has to file a personal injury lawsuit and is defined by Florida’s laws regarding statute of limitation.
The statute of limitation in reference to a personal injury case is how long a claim is considered relevant in the eyes of the State. If an injury was sustained within the statute of limitation, then a lawsuit can be filed for it, however if it is past that time, then no suit can be filed. The reasoning behind having such a stipulation in place is so that people cannot create a case against someone for an incident that happened a long time ago and is no longer relevant to their lives.
In Florida, the statutes of limitation for different kinds of personal injury cases vary depending on the nature of the injury. For the majority of cases, which fall under the legal categories of general personal injury and negligence, a case must be filed within four years of the injury being inflicted. For malpractice cases, either medical or otherwise, the statute of limitation is only two years. There is a clause for personal injury cases in Florida however that state that the statute of limitation can sometimes begin at the time of when the injury is, or should have been discovered. This is aptly called the Discovery Rule, but can vary from case to case.
In all personal injury cases, the lawsuit should be begin as soon as the injury is noted. Although time is somewhat of a luxury in these cases, the sooner that the injury is reported, the better chance the individual has of winning the case and being awarded the financial restitution that they need sooner rather than later. If you or someone you know has been unjustly injured, then it is a good idea to begin the process of seeking justice as soon as possible. To this end, the help of one of the ace attorneys of the Franco Law Firm would be vital to aiding you in navigating the legal terrain and winning a case on a schedule that best works for you. To learn more and to schedule a free consultation, please call us at 813 872 0929.