Statute of Limitations Shortened for Negligence by Florida Legislature
The “Statute of Limitations” refers to a crucial aspect of the recent changes made to Florida law in HB 837, popularly known as “tort reform.” This comprehensive legislative package has been making headlines in Tallahassee over the past few months. One significant alteration brought about by this reform pertains to the statute of limitations for negligence actions within the state of Florida.
A statute of limitations is the time period within which you have to bring a legal claim if you are injured by someone else’s negligence. Thus, you will have less time to determine who was responsible for your injuries, which can sometimes be more difficult than you would imagine depending on the circumstances under which you were injured, and then to actually file suit against the responsible party. While the Legislature cutting the time in which you are required to ascertain who the correct party that was legally responsible for causing your injuries and then filing suit against that party or parties may seem daunting, it is less scary if you have an experienced personal injury attorney like Schwed, Adams & McGinley on your side. Our attorneys know how to quickly determine who the appropriate parties are to seek damages from for whatever injuries you suffered because of someone else’s negligence and these changes, although significant, will ultimately not change our ability to recover maximum damages for our clients for their injuries suffered as a result of someone else’s negligence.
The Changes
The recent statutory changes will mean that victims of someone else’s negligence now have two years instead of four years, in circumstances such as a slip and fall or a motor vehicle accident, to bring a lawsuit related to the incident in which they were injured. Although initially the source of some confusion, the statutory changes only apply to claims that accrue, or occur, after the statute’s effective date of March 24, 2023, so if you were injured in an incident that took place before that date, then the prior four-year statute of limitations will apply in your situation.
Their Practical Effect of This Change
What this change means for someone who has been injured by another person’s negligence in Florida is that you will need to seek assistance from an attorney earlier in the process after the injury. Instead of having the luxury of four years within which to take some time before you decide to hire an attorney, you will need to be on the ball and proactive in finding an experienced personal injury attorney as soon as possible after you are injured. While many people may be focused on trying to get back to normal after an incident in which they were injured by someone else’s negligence, waiting too long to seek out help in pursuing justice for the injuries and damages you suffered through no fault of your own could be costly, as failing to file suit within the statutory limitations period means your claim could be barred and you lose the ability to sue the person responsible for your injuries.
Contact Schwed, Adams & McGinley if You or A Loved One Have Been Injured By Someone Else’s Negligence in Florida
At Schwed, Adams & McGinley, our experienced personal injury attorneys have more than 200 years of combined legal experience representing those injured in a wide variety of scenarios involving someone else’s negligence, including motor vehicle accidents, slip and falls, and virtually any other type of scenario in which someone’s failure to exercise due care resulted in injuries to someone else. If you or one of your loved ones have been the victim of someone else’s negligence in Florida, you are entitled to be made whole for whatever injuries and damages you suffered as a result of that negligence. Therefore if you or a loved one has been injured by someone else’s negligence in Florida, contact our experienced personal injury attorneys today at contact@schwedlaw.com or (877) 694-6079 today.