By Danielle Lachance
Florida has many rules and regulations for lawsuits like personal injury cases. For instance, there is a pretty strict statute of limitations that helps to define when these cases can be brought to court. But some are demanding that this statute be extended. Is this a good idea? First, let's examine the facts to understand better what our state's laws say about personal injury lawsuits.
Florida currently has a statute of limitations on personal injuries that extends up to four years. This factor means that you have up to four years to file a lawsuit after your injury. However, there are ways that this statue may change, including when:
Beyond these rare occurrences, the statute of limitations is very strictly set at four years. But would there be a benefit in raising this limit and making it longer?
Let's start by looking at the benefits of raising the statute of limitations for personal injuries in this state. First, we'll start with a few simple facts and ideas that proponents of this change have suggested. Then, just a few of the most common potential benefits include how it might:
Are there any downsides to raising this limit? Here are a a few of concerns that have been raised to create a more fair and balanced examination of this issue:
The reality of the situation is that four years seems to provide most people with the time to pursue a case. However, some people may need more time to recover. For example, 22% of all slip and fall incidents force people to miss over 31 days (or one month) of work.
That kind of financial impact is massive and could occur later if a person's slip and fall injury worsens with time and causes a person to miss even more work. However, the statute of limitations may leave them with minimal steps to get compensation.
Ultimately, this issue is complex and must be fully explored in the coming years. More research into longer statutes of limitations in other states will help create a streamlined understanding of how they may impact other areas. Just as importantly, implementation takes time and will require a lot of adjustment at the state, county, and city court levels.