Buried within the law bylines are clauses called statutes. These lines of text set out conditions for that particular law and how they are to be enforced. One of the statutes is called “limitations”. This applies to the amount of time following an incident or alleged crime that it must be prosecuted. If the specified amount of time has already passed, then no legal action can be taken.
“When it comes to using courts to be made whole for an auto accident or death, Floridians must do so within a window of time,” said Anegla, a personal injury attorney in Melbourne, FL. “The timeframe in these cases is 2 years.”
Three years ago, the State of Florida passed sweeping tort reform aimed at reducing insurance costs and limiting what some called excessive lawsuits. HB 837 shortened the negligence statute from four years to two years, aligning Florida more closely with many other states. It also shifted from “pure” comparative negligence (where you could recover even if mostly at fault) to a modified system (no recovery if you’re more than 50% at fault).
Essentially, putting a timeframe where you can go after another party for damages prevents a case from hovering in the background for many years. It helps keep the legal system moving along and makes sure cases are prosecuted with relatively fresh evidence. Most every law in the United Sates has a statute of limitations and certainly every civil law does.
Time is of the Essence
If you were injured in an accident, it is a good idea to get the ball rolling ASAP. Cases can take years to get going in some cases, so you want to file the case well before the statute of limitations has run out.
An experienced Melbourne injury lawyer can:
- Confirm your exact deadline.
- Investigate while evidence is fresh.
- Handle negotiations and filings to protect your rights.
Finding the right attorney for you case can eat up time as well. So, it is imperative to start looking for an attorney immediately after your crash or have one on standby. Don’t always call the huge forms you see on TV. If your case isn’t huge, it is very possible that these firms will not give you the attention you deserve.
