Statute of Limitations and Florida Premises Liability Cases

All personal injury cases in Florida have deadlines called statutes of limitations. You need to know what the statute of limitations for premises liability cases is to avoid jeopardizing your right to compensation.

Our Florida premises liability lawyers will help you manage all applicable deadlines.

What Is the Statute of Limitations on Premises Liability in Florida?

The statute of limitations for a premises liability case in Florida is only two years, per Florida Statute § 95.11. This may be confusing for some as the statute of limitations had been four years for some time, before the passing of HB 837.

The statute of limitations is the same for both personal injury and wrongful death lawsuits.

Are There Any Other Related Deadlines in Premises Liability Cases?

Yes. If you want to sue a municipality for a premises liability accident, there are different statutes of limitations that apply. Florida law requires all plaintiffs to give the municipality a “notice of claim” within three years of the injury (two years if the premises liability accident was fatal). Once you give the entity a “notice of claim,” you must then wait 180 days for an “investigation period.” Once that period is over, you can file a claim against the municipality.

What Happens If the Statute of Limitations Expires in My Case?

A statute of limitations is a limit on how long an injured person has to file a personal injury lawsuit against the party responsible for their accident and injury. If you fail to file your lawsuit before this time limit expires, the court will likely reject your case.

You can still negotiate for a fair settlement for your personal injury claim, but you won’t be able to use the threat of a lawsuit for leverage. In this case, you will likely need to accept whatever the insurance company offers. Chances are, this will be much less than you deserve.

This is why it is so important to act quickly and get in touch with a personal injury lawyer as soon as possible.

Why You Should Act Quickly After a Premises Liability Accident

It’s important to act quickly after a slip and fall or other premises liability incident for several reasons. As we stated, the most important is, of course, to ensure you abide by the statute of limitations and protect your right to compensation.

However, there are other reasons why you want to get started sooner rather than later:

• Building a strong case takes time: You don’t want to start building your lawsuit case weeks before the deadline.
• Evidence can disappear: Evidence can disappear, especially in premises liability cases, within days. You want to get started as soon as possible to ensure you recover any surveillance footage or eyewitness testimony.
• You take the burden off your shoulders: If you decide to work with an attorney, the sooner you call them, the sooner they take the burden off your shoulders. This will allow you to focus on your recovery instead of learning premises liability law and building a case against the property owner.

What You Can Recover in a Premises Liability Claim

What you can recover in a premises liability lawsuit depends on the specifics of your case and the type of accident. We’ll break down some potential damages by a few different accidents:

Dog Bites

If a dog bit you, you could be entitled to:

• Medical bills, such as emergency treatment, rabies treatment, infection treatment, wound cleansing, cosmetic or reconstructive surgery, prescription medications, and counseling costs
• Lost wages
• Lost earning capacity
• Miscellaneous expenses
• Pain and suffering and other related non-economic damages

Slips and Falls

If you are injured in a slip and fall, you could recover compensation for:

• Medical bills, such as spinal cord injury treatment, traumatic brain injury treatment, treatment for broken bones, prescription medications, and physical therapy
• Lost wages
• Lost earning capacity
• Pain and suffering, inconvenience, and other non-economic damages

Swimming Pool Accidents

If you or a loved one was injured in a near drowning or other swimming pool accident, the following may be recoverable:

• Medical bills, such as emergency treatment, surgery, prescription medications, and assistive devices
• Lost wages
• Lost earning capacity
• Non-economic damages, such as lost quality of life and pain and suffering

Negligent Security

If you were attacked due to negligent security, you could obtain:

• Medical bills, such as emergency transportation, emergency treatment, surgery, and ongoing care
• Lost wages
• Lost earning capacity
• Miscellaneous expenses related to your negligent security attack
• Non-economic damages

We can also help you recover compensation and seek justice if you lost a loved one in an accident on another person’s property. Once we have investigated your case, we can help you determine what you may be able to recover through a wrongful death claim.

What Our Premises Liability Lawyers Can Do for You

When you enlist our help, we handle every aspect of your case from start to finish. We:

• Gather evidence
• Interview eyewitnesses
• Manage the statute of limitations in your Florida premises liability case
• Handle communications with the insurance company and any other involved parties
• Negotiate with the insurance company for a fair settlement
• Prepare your case for court
• Represent you in court, if necessary

Who Might Be Liable for a Premises Liability Accident?

Who might be liable depends on the specifics of your accident. For example:

• A dog owner is typically going to be liable for a dog bite. A property owner or property manager, such as an apartment complex, can also share liability if their failure to keep the property safe led to the attack.
• A property owner will typically be liable if their failure to remedy or warn of a dangerous condition on the property led to a slip and fall or swimming pool accident. A property owner can also be liable if their failure to ensure a safe environment allowed an attack to happen.
• A security company can be liable in an attack that occurred due to negligent security.

Abide By the Statute of Limitations for Your Florida Premises Liability Case Today

You don’t want to overstep the statute of limitations and risk jeopardizing your right to compensation. Get started today with a free consultation with the Meldon Law team. You pay nothing upfront for our personal injury attorneys’ help.