Statute of Limitations in Florida
Firstly, before we begin, what is a statute of limitations? Basically, these laws set out the amount of time that people have to take legal action. These laws are essential in relation to various complaints or crimes because they put a time limit on when charges can be brought up against someone.
In layman’s terms, the statute of limitations is a law that sets the maximum number of years which you have to bring a legal case. These laws were created as a way to keep the justice system fair and even: if there is not enough time to bring charges against someone, then evidence might get lost or corrupted over time. These laws differ among individual states, and you can learn more about Florida’s statutes of limitations below.
Basics of Florida’s Statute of Limitations
Laws are established to protect all of us, but sometimes it can be hard to find them in the first place. The Florida statute of limitations provides an injured person with a time limit in which to file a lawsuit. This time limit is six years. For example, if you are injured in a car accident, and the at-fault driver did not carry liability insurance, you have six years from the date of the accident to file a claim against his or her assets. The same can be said for business lawsuits.
Florida’s statutes have some limitations, including:
- Recovering on a Florida judgment – 20 years
- Breach of contract – 4-5 years depending on the contract type
- Claims involving the creation process for real estate – 4 years
- Fraud – 4 years
- Claims involving wage theft – 2 years
- Defamation claims – 2 years
- Claims to enforce a payment bond involving a contract or subcontractor – 1 year
Exceptions to the Processes
A variety of factors affect when the statute of limitations begins and how it can be extended. The length of the law varies by state but typically starts with the date of injury to the body or finance. However, in some instances, the limitations period may begin before or after you are aware that you have been injured.
Though, the Florida Legislature has created many exceptions to the typical 1-5 year time frame for most claims, making it difficult to know when you must file. In addition, a few other legal concepts help determine when the statute of limitations begins and how it can be changed in specific circumstances.
If you have questions about how a particular statute of limitations affects your case, please contact our team of business litigation attorneys. Our attorneys have years of experience. Let them put it to work for you. Proven success and unmatched customer service are what you can expect from our firm.