A Personal Injury Case Dismissed Due to a Filing Error: Could it Happen to You?
Posted by: DFX on Sep 30, 2016
It’s every plaintiff’s nightmare: Their case gets dismissed not because it has no merit but because a filing was missed. At Florida Accident Attorneys we can tell you that we see it all the time – though typically it’s caused by plaintiffs who believe they can handle their cases themselves. Ensuring you’re aware of and can meet all filing deadlines is just one of the many reasons to work with a personal injury attorney in Florida.
Take the example of medical malpractice cases
The statutes of limitations in Florida vary based on the particular type of case you’re bringing. Let’s take medical malpractice as our example. In this case, plaintiffs have two years to file, but here’s an important distinction: The two years begins not when the plaintiff was the victim of malpractice, but when they discovered the malpractice. This is important because it prevents a potential defendant from getting off scot free just because a victim didn’t learn of the problem for years after the fact.
There are also some cases where the period can be extended. One example is the case that the defendant committed some type of fraud. In that case, the statute could be extended by up to seven years – but a lot of things affect whether or not it’s eligible or this extension. There are other issues that may “toll” – which is the legal term for extending – the statute of limitations for shorter periods of time.
The chances are much better when the claim is filed as early as possible
Though it is possible to bring a case of medical malpractice past the initial statute of limitations, these exceptions are few and far between and are rarely accepted by a judge as valid. That’s why it’s important to bring your case as soon as possible.
In fact, these statutes aren’t the only reason you’ll want to. Consider as well that as time goes on, the memories of those affected or those who participated in the malpractice may not be as good as it is immediately after the fact. It’s also true that you may be facing evidence going missing or being destroyed.
Put simply, the right time to contact the Florida Accident Lawyers is as soon as you think you may have a medical malpractice case. Are you still not sure if your situation qualifies? Then call us today for your free legal evaluation.