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What Is The Florida Statute Of Limitations Of Personal Injury?
No matter who you are and where you come from there are some things you can never tell in life. For instance, you will never be able to tell when an accident occurs and in which manner. In fact, a good number of people who get involved in accidents never anticipate such a thing.
In Florida for instance, the Florida statute of limitations is one of the reasons why some people have had to take some time and learn one or two things about accidents.
When accidents occur, it is normally due to two things. Either, the occurrence of the accident was due to someone’s fault or that came about due to circumstances that could not be avoided as of that particular time. When things happen naturally then one can only wish that they happened better and move on.
However, if the occurrence of the accident was due to someone else’s negligence then you want to know what to do next. This is exactly how and where the Florida statute of limitations comes in but that will be looked at later in this text.
The intention of this article is to help you know more about the Florida statute of limitations and more particularly in the case of a personal injury lawyer. From this text, you are going to find as much information in this regard as it is possible.
Four Years Is The Standard Time For Personal Injury Lawsuits
As you might know, already almost everything in the United States of America comes with a time limit. This means if you go beyond or out of this time chances are you are going to have your lawsuit thrown out. The only differences in some of these cases are the issue of locations which differs from one state to the other.
Even in Florida, there is a time that is allotted for matters of personal Injury lawsuits and many others as well. Thus, if you wish to file a lawsuit occurring from an accident it is very important for you to take time and understand a thing or two about the stipulations of this law.
According to the Florida statutes section 95.11{ 3 }, it stipulates that suites of this kind can only be allowed a period of four years alone and not more than that. This means that if you have such a lawsuit which you need to file then you might have to wait up to four years alone. If you go beyond that then your case might not even go through in the end.
Therefore, if you have a personal injury lawsuit for which you are seeking a legal remedy for then better make sure your case is filed within four years. If you exceed this period of time then chances are you are going to end up a frustrated man in the end.
What Happens If You Miss The Deadline?
Now that you know if you have any personal injury lawsuit in Florida you have to make sure that it is filed within the four years stipulated time. However, as you might know already, it is not possible that everyone will be able to file their lawsuit as stipulated in the Florida statute of limitations.
As such, you might also want to know what exactly should happen in such a case. You never know, maybe you will ever find yourself in such a case and try to look for a way around and about the same issue.
If you try filing your lawsuit beyond this time then there is a high chance that it will not go through. Why this you might want to know, well it is because of many factors. One filing your lawsuit beyond this time will mean that you will actually have the same lawsuit dismissed because of this very reason.
As you file your lawsuit beyond this time, there is every possibility that the plaintiff will argue against your case using the same provisions of the Florida statute of limitations. This way, your case will be thrown out based on these grounds which are very firm.
Exceptions To The Florida Statute Of Limitations
There is the issue of timelines in the Florida statute of limitations which is well understood. However, there are still instances where one can have his or her lawsuit filled and heard even beyond this time. Here are some of the exceptional circumstances under which the Florida statutes of Limitations allow for a personal injury lawsuit to be extended.
The first incident is if the person who was responsible for the accident left the Florida state at some point right after the underlying accident. To add to this, this has to be before the lawsuit could even be filled. In such a case, it is possible to have your personal injury lawsuit case heard even beyond the confines of this period.
The other case is if or when the defendant conceals himself or his identity for the purposes of evading this trial. For instance, one can change his or her name on the ID in a bid to try and evade such a case. As you might know, already such situations take time and might in some cases spill out of this stipulated time making it hard for you to file your lawsuit as required by the law.
In such a case, you can make an application to have your lawsuit filed out of this time as it is not possible to carry on with the case with a defendant who is not known. If you manage to convince the relevant authorities that this was the case then you will be allowed to file your case out of the stipulated time.
Conclusion
The text above talks about the Florida statute of limitations to personal injury which you need to know. These statute limitations will enable you to know exactly how to file your personal injury and within what time.
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