What is The Statue of Limitations in a Slip And Fall Accident?

January 27, 2023

If you or someone you know has recently suffered a slip and fall injury, you will need to understand the statute of limitations. Florida law has a statute of limitations that applies to slip-and-fall accident claims. The court will likely dismiss your case if you don't file it before the deadline expires. This will prevent you from recovering any compensation.

Victims in slip-and-fall accidents can file a personal injury suit to seek compensation. It is crucial to act fast if you feel you are eligible for this type of litigation.  You must hire an attorney quickly to file a slip and fall lawsuit, as the clock starts to run out once the accident happens. An attorney will keep an eye on the clock for you and will know exactly when to file a lawsuit.

Florida's Statute of Limitations for Slip & Fall Lawsuits

A slip and fall lawsuit in Florida is a civil type of personal injury case. The Florida Statutes section 95.11(3)(a) states that personal injury claims must be filed within four years of an injury.

You must file a lawsuit against the property owner or another person responsible for your slip-and-fall within three years of the date of your accident. If you're filing a claim against a property owner or another party responsible for your slip and fall, this deadline applies.

Florida's statutes of limitations for wrongful death claims apply to cases in which someone is killed by a slip-and-fall accident. The Code of Florida Statutes section 95.11(3)(a) states that the victim's personal representative must file within 4 years of the date of death.

Exceptions: Florida Personal Injury Statute of Limitations

Florida has identified several factual scenarios that could delay or pause the running of the statute-of-limits "clock" in order to extend the four year filing deadline established by Florida Statutes section 95.1(3)(a).

These are just a few examples of situations that could alter the four-year standard for filing a personal injury lawsuit against Florida.

  • The injured person was legally considered "incapable" (i.e. The injured person was legally deemed "incapable" (i.e., subject to a permanent or temporary mental illness) at time of the accident. However, a lawsuit can only be filed if the statute of limitations runs out.
  • The defendant (the person causing the injury) fled Florida shortly after the accident. This was before the lawsuit could be filed.
  • The defendant tried to hide himself/herself in Florida or changed his/her name or identity to stop "process" (the lawsuit or summons) being served on him/her.

These exceptions and more are explained at Florida Statutes Section 95.051.

You may have questions about Florida's statutes of limitations in relation to your potential personal injuries lawsuit, especially if the deadline is approaching or has passed. It might be time to speak with an experienced Miami personal accident attorney.

Think you are eligible for a Slip and Fall Lawsuit?

Most people believe that the time to file a slip-and-fall claim begins as soon as the accident occurs. A Miami personal injury lawyer can help you if you have been injured in a slip-and-fall accident.

An attorney will carefully assess your case and determine if you are eligible for a lawsuit. These cases require that another party has breached a duty of care, causing your accident and the resulting injuries. A property owner is usually liable, but a government agency, company, or other entity could also be liable.

Seek medical attention as soon as possible following an accident and keep all documentation related to it. To discuss your next steps, you should contact a Miami slip-and-fall accident lawyer.

Injured in a Slip & Fall Accident? Contact A Miami Personal Injury Lawyer Today!

Michael D. Beharry, Esq.

An experienced personal injury attorney in the Miami area, who is committed to helping injured accident victims with cases involving car accidents, truck accidents, motorcycle accidents, rideshare accidents, wrongful death, slip and falls, as well as brain and spinal cord injuries.

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