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Statute of Limitations in Miami

The statute of limitations refers to the maximum amount of time after an event within which legal proceedings can be…

By adstotally , in General , at May 16, 2024

The statute of limitations refers to the maximum amount of time after an event within which legal proceedings can be initiated. In Miami Florida, like the rest of the states, the law applies to different legal claims types for filing purposes, says a Miami lawyer. Statutes of limitations are necessary to help you understand how the law applies after an injury is filed. This piece helps you understand the statute of limitations on personal injury in MIAMI.

Statute of limitations: The statute of limitations sets the maximum amount of time after an event within which the legal proceeding can be initiated. Generally, when this set timer in the statute of limitations runs out, the party to have sued may head to court to have the case dismissed. This ensures law visits on the respondent way after the incident when the evidence provided by the Complainant is always reliable. Statute of limitations on personal injury in Miami. The highest possible time to file a case in court is four years.

However, the case might fall into subcategories depending on the facts of each instance:

  • Medical Malpractice: in medical malpractice cases, the statute of limitations is two years from the date of the injury, or, if the injury was not discovered until after it occurred, two years from the date of discovery or two years from the date when the injury should have been discovered in the exercise of reasonable diligence, whichever is later. However, in no event shall a medical malpractice claim be filed more than two years from the date of the alleged malpractice.
  • Wrongful Death: in cases of wrongful death, the statute of limitations is two years from the date of death.
  • Claims Against Government Entities: a written notice of a claim shall be made for any claimant seeking damages from a public entity or public employee for an injury, before the expiration of a period of three years after the accrual of the cause of action. Tolling of the statUe of limitations. In some circumstances, the time limit for filing a lawsuit, also known as the statute of limitations, may be extended by tolling.

If you have been injured in Miami and need assistance with your personal injury claim or have a question about the statute of limitations, you should call an accomplished Miami personal injury lawyer. The post provides a comprehensive summary of the statute of limitations that apply to personal injury claims in Miami.

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