STATUTE OF LIMITATIONS
Statute of Limitations for Miami Personal Injury Cases
When it comes to the many different types of accidents that can fall under the personal injury umbrella, there are many, such as dog bites, slips and falls, and car accidents, each of which can result in permanent injury.
For Miami residents who are unlucky to fall prey to these types of incidents, they can find some sense of solace in knowing that at the very least the legal system provides an avenue for recovering expenses for medical bills and other damages including pain and suffering through civil lawsuits.
That being said, it is important to keep in mind that there is a statute of limitations within which a civil lawsuit can be filed in any particular case. A Miami injury attorney can best advise you on how the statute of limitations applies in your situation. En Español.
Understanding the Statute of Limitations
A statute of limitations in Miami personal injury cases refers to the timeframe within which one can file a lawsuit against another individual or entity.
Much like there is a statute of limitations within which a prosecutor’s office must charge an individual for an alleged criminal act or forever lose their opportunity to do so, within civil law, there too are limits to how long one can work to recover damages for alleged negligence that resulted in an incident that caused harm.
The purpose of having a statute of limitations in place is that it protects parties from indefinite exposure to legal action, even in cases in which negligence is obvious.
Applying the Statute
When it comes to specific statutes of limitation in place in personal injury cases, they do not work all that differently from the way limits work in criminal cases. With the latter, the statute of limitations for filing charges in such situations can be as little as one year after the crime is committed, and up to four to five years depending on the degree of the offense.
Some crimes, like capital murder, have no time frame within which charges must be filed and a case tried. When it comes to personal injury cases in Miami, the state has established a statute of limitations for filing personal injury cases.
Regulations in Florida
Under Florida’s Annotated Statutes Section 95.11, one involved in a car accident has up to four years following the incident to pursue damages for the claim. At the same time, claims involving a wrongful death, whether it resulted from a car crash, from a catastrophic fall on another’s property, or any other injury situation, are subject to a two-year limitation. It should also be noted that injury claims filed against any municipal, county, or state government agency are required to have been filed within three years of the accident having occurred.
Although it rarely occurs, there are certain circumstances in which a judge would be willing to hear a case outside of those time frames. One such circumstance includes a situation in which one discovers that they were harmed at a later point, yet there is clear and convincing evidence that can attribute the injury to another’s negligence. Some of the most common instances in which this occurs are in medical malpractice or product liability cases.
Determining the Time Frame
If you have been significantly injured or know someone that has been killed in an accident resulting from the negligence of another, you should contact a Miami personal injury attorney to discuss the case.
In doing so, they will advise you of the specific statute of limitations most relevant to your particular case and any potential avenues that can be pursued to recover medical expenses, funeral costs, and compensation for pain and suffering you and your significant others may have sustained.