How Does the Statute of Limitations Apply to Premises Liability Cases in Florida?

Premises liability cases involve injuries that occur on someone else’s property due to negligence or unsafe conditions. If you have been injured on someone else’s property in Florida, it is crucial to understand how the statute of limitations applies to premises liability cases. With the help of our Fort Myers premises liability lawyers, knowledge and protection is a free consultation away. 

Our personal injury law firm fights for the rights of victims and holds negligent parties accountable for covering the damages and losses that they are responsible for. However, there is a legal deadline for doing so, so legal action must be taken quickly. Discover what the statute of limitations in Florida is for your premise liability case and learn how an attorney can help.

What Is a Statute of Limitations?

The statute of limitations is a legal time limit within which a person must file a lawsuit. In Florida, the statute of limitations for premises liability cases is governed by Florida Statute § 95.11(3)(a). According to this statute, a person has four years from the date of the accident to file a lawsuit for injuries sustained on someone else’s property. 

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What Is the Importance of Timely Action in a Premises Liability Case?

Florida’s statute of limitations applies to premises liability cases in the same way that it applies to any personal injury case. Failing to file a lawsuit within the statute of limitations can have severe consequences. If the deadline passes, the court may dismiss the case, barring the injured party from seeking compensation.

Are There Any Exceptions to the Statute of Limitations?

While the general statute of limitations for premises liability cases in Florida is four years, there are several exceptions that can alter this timeframe. 

1. Discovery rule: One such exception is the discovery rule. If the injury is not immediately evident, the timeline for the statute of limitations may start from the date when the injury was discovered or reasonably should have been discovered.
2. Minors: For cases involving minors, the statute of limitations in Florida provides an extension. It doesn’t begin until the minor reaches the age of 18. So, a minor injured on someone else’s property has until their 22nd birthday to initiate a premises liability lawsuit.
3. Mental incapacity: In situations where the injured party is mentally incapacitated, the statute of limitations can be paused until they regain mental capacity. Once mental capacity is restored, the regular time period for filing a lawsuit begins.
4. Fraud, concealment, or misrepresentation: In instances of fraud, concealment, or misrepresentation by the property owner or occupier, the statute of limitations may be extended. This exception applies when the injured party is unaware of the property owner’s negligence due to intentional actions or misrepresentation.
5. Governmental entities: When a premises liability claim involves a government entity or property, different rules apply. In Florida, there are specific notice requirements and shorter time limits for filing claims against governmental entities. These requirements may include providing written notice within a certain timeframe, such as within 180 days of the incident.

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Is Seeking Legal Representation Necessary for Premises Liability Cases?

Navigating the legal complexities of a premises liability case can be challenging, especially when dealing with Florida’s statute of limitations. Seeking an experienced personal injury attorney in Fort Myers who can guide you through the process and ensure your rights are protected is strongly encouraged but is not required. 

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Do I Need a Lawyer to Expedite My Premises Liability Claim?

Four years may seem like a long time but in reality, it can take a few years just to reach a reasonable settlement. While it is encouraged for victims to retain legal help at the beginning of their case, having an attorney will expedite your premises liability claim no matter what stage it is in. 

With the statute of limitations applying to Florida premises liability cases, a lawyer can help in the following ways:

• Timely filing: A lawyer can ensure that your claim is filed within the applicable statute of limitations. They are familiar with the necessary paperwork and can help you meet all the deadlines and requirements, avoiding any delays caused by procedural errors.
• Efficient investigation: A lawyer will promptly initiate an investigation into the circumstances of your accident. They will gather evidence, interview witnesses, review relevant documents, and consult with experts, if necessary. By conducting a thorough investigation in a timely manner, they can build a strong case on your behalf.
• Communication with insurance companies: Premises liability claims often involve dealing with insurance companies. Your lawyer can handle all communication with the insurance company, including submitting the necessary documentation, negotiating a settlement, and advocating for your best interests. They have experience in dealing with insurers and can navigate the process efficiently.

Since time is of the essence, don’t delay in seeking legal representation. Viles & Beckman Law Firm is a trusted name in premises liability cases in Florida, with positive client testimonials to prove it. Contact our law firm today for a free consultation.

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