When an individual has been injured there is a time limit in which the person can make a legal claim and collect damages. This time limit is referred to as the statute of limitations. The following information describes what a statute of limitations is, how long these time limits normally are, and the importance of working with a qualified Florida accident injury lawyer.
What is a Statute of Limitations?
A statute of limitations is a period of time in which legal action for certain types of cases can take place. According to All Law, the clock starts running on the day an injury or accident occurs. After this time period has passed, an injured person no longer has the right to file a lawsuit or seek damages.
How Long are Statute of Limitations?
The statute of limitations varies from state to state and depends on the specific type of claim involved. There are a variety of time frames for statute of limitations in all 50 states. For example, in Florida, the time limit to file suit for product liability is 4 years while the statute for libel, slander, and defamation is 2 years.
Are There Exceptions to a Statute of Limitations?
There are cases in which a legal exception may apply to the statute of limitations. Sometimes a person might not discover why an injury has occurred or even that an injury occurred at all until years after the fact. An example of this is a business owner who discovers after many years that money has been stolen from his company. The person in charge of the finances may have covered the theft with false statements and reports. What is called a “discovery rule” may allow a suit to be filed years after the theft actually occurred.
How is Tolling Related to a Statute of Limitations?
Sometimes the statute of limitations can be “tolled.” This means the clock has temporarily stopped running on the amount of time there is to file a lawsuit. The Florida Legislature states that there are a variety of instances in which tolling can occur. A few include when the person being sued has used a false name or the person concealed him or herself so the suit could not be brought forth.
The Importance of Working with an Experienced Attorney
Since obtaining damages for injuries can affect a person’s financial status and possibly even how much medical care he or she can receive, it is critical to work with an experienced accident injury lawyer. According to Expert Law, there are actually many statutes that can apply in a case, creating various limitation periods for civil actions. A skilled injury attorney will know how long it takes to file required documents and which statutes apply to certain cases.
When trying to recover damages from any type of injury there are normally statute of limitations involved. For this reason, it is imperative to work with an experienced attorney who understands the law and will file a suit within the necessary time period. Contact Kaiser Romanello for a free case evaluation regarding a personal injury case.