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– Florida has a complicated bunch of laws about:
A. Time limits to file Personal Injury Lawsuit.
B. Time limits for filing accident claims of different types.
– Not only does Florida have different time limits depending upon the kind of accident, such as Medical Malpractice, Wrongful Death, Slip and Fall cases, or Car Accidents, but Florida also has more and different time limits to sue (called Statutes of Limitations) for different kinds of entities being sued. Suing the Government, State of Florida, City of Fort Lauderdale, for example, may have different time limits than suing a private company.
– Very few of the time limits have any flexibility or loopholes at all. Usually, if your lawsuit is not filed before the time limit expires then it is too late and your claim may be forever barred.
– Once the lawsuit is filed, Florida has some laws designed to keep the lawsuit moving, so do not think that once your lawsuit is filed (and you better make sure you have named the proper parties, and named them correctly, or there may be other issues as well) that you can simply sit back and do nothing else.
– There are some time limits that you will not even find, even if you stay awake day and night, drink ten million cups of coffee and read every single law in all those fancy Florida law books that you see behind lawyers on television. This is because Florida permits some contracts that alter the time limits. These kinds of altered time limits are common at some sporting events, concerts, gym memberships and amusement parks. The biggest offenders are cruise ship companies. Usually this type of business limits the time to sue to just one year! So please be especially careful if your accident happened while on a cruise ship, at an amusement park, race track, water slide, or at a concert.
– Medical Malpractice Cases have the most complicated series of time limits and statutes of limitations for filing a lawsuit. Also, even before a lawsuit can be filed, there are tremendous and complex rules and requirements, including a health care provider’s sworn statement that there was negligence, and pre-suit discovery, certified mail notices. If you feel that you have a serious medical malpractice case, consult a medical malpractice lawyer and do so as early as possible.
– Some time limits are not just about filing your lawsuit, but there may also be important time limits for you to give Notice. This is especially true for a claim against a cruise ship or against the State of Florida or its subsidiaries. Many of you think that sending a letter certified mail to the company or owner where you fell or were injured is good enough. But frankly, your understanding may be in error. When suing the State of Florida, there are time limits for sending them certified mail notice, and those time limits are covered under a law called Sovereign Immunity. The certified mail must be done just right, and there are requirements for the exact information needed to be in the certified mail content, where it is to be sent, etc.
– We used to mention the time limits for different kinds of accidents in this website. But we decided that you should not read basic information and then think “I got it!” Because while the exact time limits can be explained, what if your particular case had more than one time limit that might apply? What are you going to do then? Flip a coin? You should be picking up the phone and asking an experienced personal injury lawyer. Especially since there is no obligation, no cost and you might come away with valuable information.
– When you file your lawsuit, before the deadline make sure that you and your personal injury attorney have thought it through. If a lot of time has passed since the accident, have your attorney do some background work. It won’t take long, and it can avoid a lot of problems.
– When you search for lawsuit time limits and statutes of limitations, you should not take for granted that you understand the way it all works, or that you have properly figured out who needs to be sued or even why. Let your personal injury attorney figure it out. Sometimes a little bit of knowledge coupled with a little bit of smarts can be a dangerous thing. You can prove how smart you are by getting a Free Consultation by calling us right away.