In the past year, the statute of limitations for personal injury claims, including premises liability claims, has been reformed. This is to say that you may have to file your claim sooner than expected. Follow along to find out the statute of limitations for a premises liability claim and how a proficient Panama City slip & fall attorney at Manuel & Thompson, PA can help decipher whether your case qualifies for an extension.
What is the modified premises liability statute of limitations in Florida?
Before the Florida Tort Reform Act 2023, the state held a statute of limitations of four years. Now, this deadline has been cut in half to two years. In other words, you may only have two years from the date on which you underwent your slip and fall accident to file a premises liability claim against a negligent property owner. A failure to meet this deadline translates into a failure to recover your damages.
The primary reasoning behind why the state of Florida underwent this torn reform was to shorten the timeline in which potential defendants may be punished in an unfair legal action. At the same time, this allows the Florida civil court system to work efficiently. All the while, this is still considered ample time for a potential plaintiff to get the necessary evidence together to pursue legal action.
It is also worth mentioning that this tort reform comes with a modified comparative negligence system. This differs from the pure comparative negligence system the state of Florida previously recognized. This is to say that you must also ensure that you are not majorly to blame for your accident before bringing your claim forward.
What are possible circumstances that may extend this deadline?
There are rare, extenuating circumstances in which the Florida civil court may grant you an extension on your filing deadline for your premises liability claim.
For example, the statute of limitations may differ if your slip and fall accident happened while you were still a minor. In this case, your new deadline may be three years from your 18th birthday, rather than three years from the date of your accident event. Other circumstances that may apply to your case read as follows:
- You may have been suffering from a disability at the time following your slip and fall accident.
- Your incurred injuries may have been reasonably left undiagnosed long after your slip and fall accident.
- You may have had difficulty tracking down the potential defendant who had fled the state of Maryland after your slip and fall accident.
- You may have had difficulty tracking down the potential defendant with a different name and contact information than what they shared with you.
In conclusion, before it is too late, you must retain the services of one of the talented Panama City personal injury attorneys. Call our Manuel & Thompson, PA office today.