To Everything There Is A Season: FL Statute of Limitations
Michael Babboni
Insurance Coverage
Personal Injury
It seems as though you can’t turn on the television these days without hearing about the latest scandals in the entertainment industry. The three little words that have accompanied these accusations and stories might just be the three most important words in any legal case: Statute of limitations.Criminal Limitations
All states have statute of limitation laws. These laws pertain to both civil and criminal law and vary from state to state and scenario to scenario. The laws are in effect to ensure that legal actions take place within a reasonable time period.
When it comes to criminal law, the statute of limitations can prevent the state from filing charges against a person after a lengthy amount of time has passed.
For example, if you stole a few CD’s from a local record shop when you were a risk-taking teenager twenty-five years ago, the statute of limitation laws on shoplifting can prevent that incident from creeping into your life decades later and upending your world.
Civil Law And Personal Injuries
When it comes to civil law, the statute of limitations refer to the time limits for filing a personal injury claim against someone who caused injury to you through their negligence.
There are many types of personal injury that can occur. Though many can be minor, some can be severe enough to cause a permanent disablement or even death. Personal injury does not include damage to personal property. The most common personal injuries include:
• Automobile accidents
• Boating accidents
• Dog or animal bites
• Motorcycle accidents
• Medical malpractice
• Railroad accidents
• Slip-and-fall accidents
• Trucking accidents
When it has been determined that another person’s negligence was the cause of your injury, there are different types of compensation that they may be required to pay for, such as:
• Medical bills related to the treatment of injuries including future bills
• Lost wages for time spent away from work for injury, doctors’ appointments, or therapy
• Cost of hiring someone for household chores that you cannot do because of your injury
• Permanent disability or disfigurement due to the accident
• Emotional distress from the accident
Personal Injury In An Auto Accident
Personal injuries can occur when you are involved in an automobile accident with another party. If you are injured in a car accident, you should report it to your insurance company as soon as possible, as some policies can require you to file claims in as little as 14 days.
Florida is a no-fault state, which means that you will need to file with your insurance carrier regardless of who was at fault in the accident. All insurance policies in Florida are required to carry Personal Injury Protection (PIP), which will cover a portion of your medical costs and lost income. This coverage extends to the policy holder, anyone who resides in the same house, the person who was driving the vehicle, passengers in the vehicle, and anyone hit by the vehicle.
If your PIP coverage is not enough to cover your damages, you may be able to file a claim against the other party who was involved in the accident.
Time To File A Claim
• The statute of limitations to file a personal injury claim in a civil lawsuit in the state of Florida is 4 years.
• If the accident resulted in the death of a loved one, you have 2 years from the date of their death to file a wrongful death suit.
• Should your accident involve a local government employee who was acting within their job duties at the time of the loss, you still have 4 years to file a lawsuit, but you must notify the government of your intentions within 3 years of the date of the accident.
• If an employee of the U.S. Government caused your accident out of negligence, you must file a Standard Form 95 form within 2 years of the date of injury.
If you believe that you have a personal injury claim due to someone else’s negligence, contact a personal injury attorney to help you file a claim before time passes by and you miss out on the compensation you deserve.