Did you ever hear an attorney commercial urging individuals to call as soon as possible after an event? This urgent call to action is not a hard sell – it reflects an authentic truth in the legal system. Filing a lawsuit takes a lot of in-depth effort and can be a complicated process that requires more time than you may expect. According to Florida law, there is a certain amount of time to file a lawsuit. If this timeframe elapses and you did not file your case, you may not be able to seek retribution. The Florida Statutes of Limitation represent the body of law that reflects these time frames.
Typically, the deadline outlined in the statutes will range from two to four years, depending on the nature of the situation. You may think this is a lot of time, but there are reasons for acting swiftly.
- You may not exhibit symptoms of your injury for some time
- Details of the accident are more accurate if recorded as close to the incident as possible
- It may take many months to gather all of the necessary information to file a major lawsuit successfully
Overview of Florida Statutes of Limitation
A statute of limitations is the legal time limit within which a lawsuit must be filed. If you do not file the case before the deadline, the suit will be banned and likely wholly dismissed. The statute of limitations was created to establish fairness and predictability for individuals and businesses alike. For instance, entities facing a lawsuit will know of the filing, rather than having the potential of legal action hanging over them for an indefinite amount of time.
How is the Timeframe Calculated?
According to all statutes of limitation, the timeframe for filing a lawsuit begins from the time of accrual of the cause of action. In layman’s terms, that means the clock starts when an injury occurs that will qualify for a lawsuit to be filed.
On occasion, an individual does not discover that they have been injured until long after the incident. For example, if a person goes to the doctor with symptoms and the doctor fails to diagnose them correctly, they may not realize the extent of the mistake for a year or more. They often realize the error only after their health deteriorates. Therefore, in some cases, the Florida statute of limitations starts when the injured party discovers that they have been harmed.
Civil Statute Time Frames in Florida
The following is a summary of Florida’s statutes of limitation for various types of civil cases. These timeframes are similar to those in most states.
- Libel or slander – two years
- Injury to person – four years
- Injury to personal property – four years
- Fraud – four years
- Trespass – four years
- Professional negligence or malpractice – two years
- Medical malpractice – two to four years
- Collection of rent – none
- Collection of debt on an account – none
- Breach of contract – five years for a written agreement, four years for an oral contract, and one year for specific performance
- Judgment – 20 years for a domestic judgment and five years for a foreign judgment
Contract Breach Statutes
The statute of limitations for most breach of contract lawsuits is five years for a written contract, and four years for an oral contract. However, one should note that the statute of limitations may differ depending on contract terms.
The statute of limitations prevents plaintiffs from delaying the enforcement of their legal rights. While the statute of limitations typically begins at the occurrence of the cause of action, in regards to a contract breach, the timeframe for filing a lawsuit begins when the violation occurs.
If you have been injured by another party and feel that you have grounds for a lawsuit, call Probinsky & Cole today. We can help you to sort through the details and facts and make the best choice for your situation – but don’t delay! Your time is limited.
