How do statute of limitations work?

Posted By on July 19, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: How do statute of limitations work?

A: Statutes of limitations are statutes prepared by the legislatures of each state that puts a limit on how long between the time of an accident, or the time of an event, and the time you can file a lawsuit. So for example, if you’re in an accident in Florida on January 3rd, 2013 you have 4 years in Florida to file a lawsuit. So you have until January 3rd 2017 in which to just file a complaint in court. The case does not have to be over in 4 years, it has to be begun in 4 years. And in Florida a lawsuit is begun just by the filing of a complaint. The defendant doesn’t even have to know that the complaint’s been filed so long you have filed it.

     Now for different types of accidents, or different types of incidents, there’s different statutes of limitations. Generally in car accidents and slip and fall accidents where somebody does not die, there’s a 4 year statute of limitations. In wrongful death cases there’s a 2 year statute of limitations. If a case has not been filed within the statute of limitations and filed subsequently thereafter, the defendant will be entitled to have the case dismissed and you lose your right to obtain compensation- at least from the at fault driver. You would then go after your attorney for legal malpractice.

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

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