Articles Posted in Statute of Limitations

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swimming pooolIf you have been injured by a faulty product, it is important to consult a qualified Miami injury lawyer as soon as possible. Personal injury claims are governed by strict time limits, and acting fast can make all the difference in your case.

In Dominguez v. Hayward Industries, Inc., the plaintiff suffered a serious head injury when the filter of his swimming pool exploded in November 2012. The plaintiff later filed a lawsuit against the filter manufacturer, the distributor, and the installer of the filter to the swimming pool. The lawsuit was based on the legal theories of products liability and negligence.

The defendants responded by filing a motion for summary judgment, arguing that the 12-year statute of repose barred the lawsuit under Section 95.031 of the Florida Statutes. The statute of repose is essentially the same as the statute of limitations because it bars claims after a certain time period has passed. Put another way, if a plaintiff does not file within the statute of repose, he or she will be permanently barred from bringing the claim.

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floridaLike every other state, Florida has a specific statute of limitations when it comes to personal injury claims. The statute of limitations is defined as a state or federal time limit in which a legal proceeding can be brought. It is designed to encourage individuals to act in a timely manner and not pursue claims too long after the incident occurs, when there is a potential that evidence is lost and memory has become stale.

In the state of Florida, a personal injury claim must be filed within four years from the date of the accident in the state’s civil courts. This law is codified in Florida Statutes 95.11. If this time period passes and you do not take legal action, unless an exception applies, you lose your right to file a lawsuit and seek damages altogether. In other words, if the statute of limitations expires, you will be barred from filing a lawsuit.

Time frames differ slightly when you are pursuing legal action against a city, county, or state government.  Continue reading →