- October 11, 2021
If you survive a personal injury accident, you can file a personal injury lawsuit. It could be a car accident, slip and fall, or other injury accidents. However, your right to sue doesnāt last forever. Instead, you must file your claim within a definite period. This time frame is called the Statute of Limitations.
Furthermore, itās crucial to know whether there are situations where you can file your claim after the statutory period. That is, does the Florida Statute of Limitations have any exceptions? Therefore, itās best to engage a Miami personal injury lawyer. An experienced attorney can ensure you file a timely action. Similarly, if you miss your deadline, they can tell if the exceptions cover your case.
What Is the Statute of Limitations for Personal Injuries in Miami?Ā
Floridaās personal injury law governs Miamiās injury cases. The relevant law is Florida Statutes section 95.11 (3) (a). This section specifies a four-year window for āan action founded on negligence.ā This statutory period applies here because many personal injury claims are based on negligence. Essentially, youāre arguing that your injury was because the other party didnāt exercise due care.
Generally, the Statute of Limitations starts counting from the date of the accident. In addition, the statutory period doesnāt mean that the lawsuit must end in four years. The law only means that you must initiate your claim four years from the injury date. Therefore, if you file a claim three years and nine months after the injury, youāre still early. However, itād be best to start pretty early.
What if You Miss the Statutory Deadline?
Many Miami injury victims donāt know about the Florida Statute of Limitations. So, someone can start a claim after four years. But, if you do, the defendant will most likely bring your lateness to the courtās notice. Then, the court will have no choice but to dismiss your lawsuit.
At this point, youād have lost your right to damages. A late claim also affects your standing in any settlement negotiation. If the insurance company knows that you canāt resort to the courts, they may deny your claim. Conversely, they can reduce your settlement amount. Apart from these consequences, itās still best to file your injury action early. This is because a prolonged delay can make you lose evidence thatās relevant to your case.
Are There Exceptions to the Personal Injury Statute of Limitations?
Yes, this statutory period has some exceptions. These exceptions allow the court to ātollā (pause) the clock, thus giving you more than a four-year window. Below are the relevant exceptions.
Absence of the Defendant
Sometimes, you canāt sue a person because theyāre absent from the state. Their absence means that you cannot serve them with the court processes. Since this isnāt your fault, the statute tolls until they return to Florida. The courts wonāt consider the defendantās entire period outside the state when calculating the statutory period.
Concealment of the DefendantĀ
A defendant may also remain within the state but take active steps to conceal themselves. They also do this to avoid being served with court processes. Firstly, they could hide within the state. In addition, they may use a false name that the plaintiff doesnāt know. In both cases, since you canāt identify and serve them with court processes, the law will toll the statutory period.
These two exceptions donāt apply in all circumstances. They only apply where service of process or publication can be made in a manner thatās sufficient to confer jurisdiction to grant the relief youāre seeking.
Minority or Incapacity of the Plaintiff
If you were still a minor at the time of the accident, youād have a more extended period. This is because minors cannot maintain legal action. In addition, if the plaintiff is ālegally incapacitated,ā the time limit will pause in their favor. Incapacity in this instance refers to whether the plaintiff is suffering a mental illness. Notably, mental illness could be temporary or permanent.
Despite this fact, though, no more than seven years may pass from the accident date and the lawsuit filing. Therefore, the extension under this exception isnāt forever.
Miami Lawyers Can Keep You Within the Statute of Limitations
Indeed, Miami personal injury victims can recover compensation for their losses. However, filing after the Statute of Limitations can be fatal. Therefore, itās best to stick to this time frame. If you have the guidance of the best Miami personal injury lawyers, this wouldnāt be challenging. Our lawyers have spent extensive years representing Miami injury victims. So, we can ensure that you start your claim early and maximize your compensation. Therefore, itād be best to call our law office today.