While the average client in the state of Florida is well aware of the presence of a statute of limitations, they are not always aware of the ins and outs of these regulations. An injured party can pursue legal action against those who are responsible for what has taken place but there are some time limitations involved.
Florida Statutes section 95.11 outlines these limitations so that clients know exactly where they stand. In this state, the statute of limitations for lawsuits that are related to personal injuries expires after four years. Injuries that are related to medical malpractice come with a two year window.
These are general rules, though, and they do come with certain exceptions. This is where a personal injury attorney in Florida can assist. A client may believe that they have a case and in reality, the statute of limitations has already expired. On the other hand, there are also instances where exceptions can be made after the statute of limitations has come and gone.
Deciding when the statute of limitations has expired is one of the most important of any lawsuit of this nature that is being filed in the state of Florida. For example, an injury that is not discovered in a timely fashion may not be subject to these types of regulations. The same goes for injuries that were sustained while the plaintiff was a minor.
In these instances, a personal injury attorney in Florida can determine the case’s level of viability. If any deception or fraud is found to have taken place, this can also be used to disqualify the defendant from being able to hide behind the statute of limitations. There are also states where agreements can be made outside of these regulations.
Florida residents need to be aware of the fact that they cannot enter into such agreements. While laws can always be broken and these agreements can be made anyway, a personal injury attorney in Florida is not going to be able to assist a client that has entered into such a pact.
This is important to remember because it will affect any case that is placed in front of a jury. Even if this illicit agreement is presented in writing, there is no chance of receiving a settlement. The statute of limitations must always be adhered to in these instances.
When claims of this nature need to be investigated, an experienced attorney can assist. While they cannot guarantee a certain income, they are able to offer access to the necessary legal expertise. Don’t make the mistake of assuming that you have a viable case and don’t make the mistake of assuming that you have no recourse at all. An experienced attorney lets their client know where the truth lies.