If you sustained injuries on someone else’s property, you may have the legal right to pursue compensation from the owner. To move forward with a premises liability claim, you must present strong evidence and meet all legal deadlines. Failing to file within the Lake County premises liability statute of limitations can result in losing the right to recover damages.
Understanding the statute of limitations requires close attention to state law. A dedicated premises liability attorney could clarify how long you have to file and whether your case qualifies for an exception.
What is a Statute of Limitations?
A statute of limitations sets the maximum amount of time a person has to file a lawsuit. In Florida, you generally have two years from the date of injury to file a premises liability lawsuit in Lake County. If you miss this two-year window, the court will likely dismiss the case regardless of the evidence.
Exceptions to the Statute of Limitations
While two years is a general rule, some exceptions to the premises liability statute of limitations in Lake County exist. They are:
- Delayed Discovery of Injury: Not all injuries appear immediately after someone uses a defective product. In these situations, state law starts the statute of limitations on the date the person discovers the injury or reasonably should have discovered it. This rule is called the discovery rule.
- Injuries to Minors: When a child suffers an injury on another person’s property, the statute of limitations does not begin immediately. Instead, it starts on the child’s 18th birthday.
- Mental Incompetence: If the injury caused the person to become mentally incapacitated, the 2-year period begins when they regain mental capacity.
- Fraud: If a property owner hides their negligence through deceit or fraud, the injured party may receive additional time to file a claim.
- Claims Against Government Entities: Special procedures and shorter deadlines apply when a premises liability case involves government property. In Florida, claimants must provide formal written notice within 180 days of the incident and follow specific steps before initiating a lawsuit.
The injured party must monitor these exceptions and figure out when they apply to their case. An attorney can help explain the options and avoid unfortunate errors.
The Importance of Swift Action
It is easy to make a mistake of believing that two years is a long time and delay legal action for months. However, the longer the injured party waits, the harder it becomes to find high-quality evidence.
As time passes, witnesses leave the state or forget details. Meanwhile, store owners delete video footage from their cameras, and the defective product becomes harder to analyze.
The faster the injured party can start working with an attorney, the better evidence they can collect. This can become a key to proving the case and claiming full compensation.
Discuss Premises Liability Statute of Limitations With an Attorney in Lake County
While the Lake County premises liability statute of limitations is two years, some exceptions exist. Meanwhile, delaying legal action can compromise the ability to recover full damages.
The Largey Law Firm has extensive experience with premises liability cases in Lake County and throughout Florida. We know how to tackle the challenges related to the statute of limitations and achieve the desired outcome. Contact us today to schedule your free consultation.
