Chanfrau & Chanfrau

Statutes of Limitations in Florida Personal Injury Cases

By William Chanfrau, Jr. on November 09, 2012

Statutes of Limitations in Florida Personal Injury CasesWhen you or a loved one is injured in a serious accident, it's important that you speak with Daytona Beach personal injury attorneys as soon as possible. Getting the legal process going as soon as an incident occurs means a greater chance of justice being served. Delaying could be a very poor decision because there is a statute of limitations in place when it comes to many different kinds of crimes and situations. You may have heard the term "statute of limitations" before, but you may not be familiar with what it means. We'd like to go over the basics of the statute of limitations so you understand why it's in place and how long some of these time limits are.

What is a statute of limitations?

A statute of limitations refers to a timeframe during which a person needs to file a lawsuit. If you do not file a lawsuit within the statute of limitations, you will not be able to pursue legal action. This is true even if the other party was obviously responsible for an act of negligence. That's why when it is possible, we encourage you to speak with our personal injury lawyers in Daytona Beach and Palm Coast.

Why a Statute of Limitations is Necessary

A statute of limitations is in place for a variety of reasons. The most important reasons are to maintain the integrity of evidence, personal accounts, and witness testimony.

Over time, some evidence can degrade or deteriorate, which is why in order for a fair trial to take place, the suit must be initiated within the statute of limitations. Similarly, memory can be affected by time, so in order to ensure accounts of an event remain accurate, a lawsuit should be initiated within the statute of limitations.

Please note that the statute of limitations will vary from incident to incident. Be sure to check with our legal team about specific cases and how long you have to file a case.

Statute of Limitations for Personal Injury Cases

In the state of Florida, the statute of limitations for most personal injury lawsuits is four years after the date of the accident. This is not true of all personal injury cases, however. For instance, there is a two-year statute of limitations on medical malpractice cases in our state.

Statute of Limitations for Auto Accident Cases

Since auto accident cases are considered negligence cases, the statute of limitations in Florida is four years after the date of the accident. You should not delay, however, and contact our Daytona Beach auto accident attorneys as soon as you are able.

Statute of Limitations for Wrongful Death Cases

For wrongful death lawsuits in the state of Florida, the statute of limitations is two years. This applies to all kinds of accidental deaths, whether they occurred in an auto accident or other situations. As with other cases, we do not think there is any reason why people should delay in contacting our legal team.

Learn More About Personal Injury Law

If you or a loved one needs assistance in a legal matter involving injury or accidental death, make sure to contact our Daytona Beach and Palm Coast personal injury lawyers today. By speaking with our legal team as soon as possible, we will be able to provide you with exceptional counsel and service.

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