Sarasota law firms often advise victims of accidents or crime to “call an attorney immediately.” While some may believe this to be some sort of sales or pressure tactic, it is actually due other factors -one of which being the laws regarding statutes of limitation in the state of Florida.
Statutes of limitations are laws enacted by the legislative body to establish the maximum allowable amount of time after an event within which legal proceedings may be initiated. In other words, if you do not file a claim within the time frame established by law, it is likely that you cannot pursue any action (or your action, if filed, is far more likely to be dismissed.) In order to guarantee that you receive the remedy that you deserve after an incident which has harmed you, it is important for you to pursue a claim within the allotted time frame.
Statutes of Limitation Which May Affect You
It is important to note that statutes of limitations do not apply to serious crimes, such as murder, which can be prosecuted many years after the fact. Crimes which have no stature of limitation in Florida include any felony offense resulting in death, any felony offense that can result in a life sentence or death penalty, or perjury committed during official proceedings and prosecutions of capital felonies.
Here are some of the more common occurrences in personal injury law, and the Florida laws which apply to them as to legal filing time frames. You may see a time frame of two years and think that you have plenty of time to file a claim. However, the longer time lapse between the incident and the filing, the less reliable the evidence, and the harder it is to gather what is needed for your case. Also, an attorney will want to be prepared and knowledgeable prior to a claim, and evidence gathering may take time. This is why it is important to speak with an attorney as quickly as possible if you think you may file a lawsuit or claim. Even if you are unsure, a consultation early on can ensure that you do not run out of time.
Criminal Statutes:
Misdemeanors are defined as a lesser criminal act.
Felonies are considered serious crimes, usually involving willful violence.
One Year: Second degree misdemeanors and non-criminal violations
Two Years: First degree misdemeanors, misconduct in public office if not covered by more serious statutes,
Three Years: Felonies except first degree felonies, breach or fraud of fiduciary obligations
Four Years: First degree felony, sexual battery,
Five Years: First and second degree felonies that involves the neglect or abuse of disabled or aged adults;
securities transaction violation; environmental control violation (from date of discovery of the crime)
In certain cases, the statute for sexual battery of a minor may be unlimited. If you have a question regarding your specific case, be sure to consult with an attorney.
Civil Statutes:
Two Years: Libel and slander, professional malpractice,
Four Years: Injury to a person, fraud, injury to personal property, trespassing, breach of oral contract
Five Years: Breach of written contracts, foreign judgements
20 Years: Domestic judgments
Although these statutes are established law, there may be exceptions and extenuating circumstances which apply to your specific case. If you fear you have waited too long to file a claim, be sure to consult with an Sarasota attorney – you may still have a case.
Don’t miss your opportunity to receive the damages you deserve. While sometimes it is prudent and necessary to wait a period of time before filing your claim, having the advice of an attorney as soon as possible may protect you for years to come. Call Probinsky & Cole today.
