FAQ: Statute of Limitations in Miami

FAQ: Statute of Limitations in Miami

The statute of limitations can be confusing for folks in Miami. Here’s a handy guide to the key things you need to know about statutes of limitations for different types of cases in Miami.

What is a statute of limitations anyways?

A statute of limitations is basically a deadline for filing a lawsuit. Each state sets its own deadlines for different types of legal claims. The idea is to encourage people to file cases quickly, while evidence is fresh. If you miss the deadline, you usually lose your right to sue.

Statutes of limitations exist for both criminal cases and civil cases. This article focuses on civil statutes of limitations in Florida.

Why do we have statutes of limitations?

There’s some good reasons statutes of limitations exist:

• Encourages prompt filings so courts aren’t clogged with old cases
• Avoids problems with faded memories and lost evidence
• Gives defendants closure so they’re not worried about getting sued for something years later

Of course, for plaintiffs, it also means you can’t wait forever to file a claim.

What’s the statute of limitations for personal injury cases in Miami?

If you got hurt in an accident caused by someone else’s negligence, the deadline to sue is usually 2 years from the date of the injury.

Some examples:

• Car accidents
• Slip and fall accidents
• Medical malpractice

There’s a few exceptions:

• Product liability cases get 4 years
• For minors, the clock doesn’t start until they turn 18

So if your kid gets injured, you may have longer than 2 years to sue on their behalf.

How about wrongful death cases?

If someone dies from an accident or negligence, the family members can file a wrongful death lawsuit. The deadline is 2 years from the date of death.

This is different than the regular personal injury deadline, which runs from the date of injury.

What if I don’t discover the injury right away?

Sometimes you don’t find out you’ve been injured until much later. Like if a doctor leaves a surgical tool inside you by accident.

In cases of delayed discovery, the clock may not start ticking until you reasonably should have known about the injury. This can give you more time to sue.

What’s the deadline for breach of contract and fraud cases?

Lawsuits for breach of a written contract or fraud have a 4 year statute of limitations in Florida.

For unwritten contracts, it’s shorter – just 3 years.

This includes stuff like verbal agreements or promises. Get it in writing next time!

How long do I have for property damage cases?

If someone damages your property, you typically have 3 years to sue them from the date it happened.

And if it’s property damage in a car wreck, you get 4 years.

What about debts – can creditors sue me after some time

Creditors can’t wait forever to sue you over unpaid debts in Florida. The statute of limitations on debt collection lawsuits is usually around 4-5 years. The clock starts running from the date you first missed a payment.

There’s some exceptions though:

• Student loans have no statute of limitations, so they can pursue you indefinitely.
• If you make a payment on the debt, it can restart the clock.
• Judgements are valid for longer, often 10-20 years.

And even if they can’t sue, the debt doesn’t disappear. The creditor can still try to collect through calls, letters, or selling it to a collection agency.

If you’re getting sued over an old debt, be sure to check the statute of limitations. You may be able
to get the case dismissed if the deadline has passed.

Some key defenses based on the statute of limitations include:

• The lawsuit was filed after the statute of limitations expired
• The debt is too old to be legally enforced
• You never restarted the statute of limitations clock

To calculate the deadline, you’ll need to know when the statute of limitations started running. This is usually when you first missed a payment or defaulted on the debt.

Pull out your records and look for:

• Your last payment or transaction date
• When you were first notified about the default
• Any letters or notices from the original creditor

This can help you prove the debt is time-barred. And don’t worry – disputing the lawsuit won’t restart the clock if you stick to the statute of limitations defense.

If the creditor pushes ahead anyway, make sure to show up on your court date. You’ll need to explain to the judge why the case should be tossed out based on the statute of limitations.

Having an attorney on your side can really help at this stage. They can file the dismissal motion for you and ensure the statute of limitations is applied properly.

Beware of creditors who try to pressure you to make a small “good faith” payment. This can reset the statute of limitations, so don’t admit to owing the debt or make any payments until you’ve researched the deadline.

While old debts don’t just disappear, understanding the statute of limitations is key to reducing legal risk. Know your rights and don’t let collectors steamroll you with lawsuits over stale debts.