Almost every type of lawsuit has a time limit within which the case must be filed to be considered timely. These time limits, more commonly referred to as statutes of limitations, provide certainty to those who are involved in an accident and believe that they may face liability. However, statutes of limitations are strictly enforced and can often result in meritorious cases being dismissed for no other reason than the plaintiff filing the lawsuit too late.
One of the issues that arises with statutes of limitations is determining which one applies. In most states, including Florida, there are different statutes of limitations for different types of lawsuits. For example, in Florida, the statute of limitations for general negligence cases is four years. However, for medical malpractice cases, the statute of limitations is just two years. In cases alleging the negligence of a government employee or entity, the statute of limitations is three years. Furthermore, when a case is filed against a government entity, additional procedures must be followed, or the case will not be considered timely and may be rejected.
The plaintiff in a recent premises liability case learned these lessons the hard way when an appellate court dismissed her case for being filed past the applicable statute of limitations.