When Are There Exceptions For The Statute Of Limitations?
January 1, 2020 | Winters & Yonker, P.A.
When people learn that they only have four years to file a lawsuit for an injury, it seems like more than enough time. But as the time frame closes, it’s clear that there are many situations that require much more time. Your medical situation may not still be clear, and you may still be learning new things about your case. If you believe that there’s any reason for an exception to the statute of limitations for your case, then you should explore that option. To begin exploring that option, you need a legal professional.
The Discovery Rule applies to injuries that may not be immediately apparent. For example, a traumatic brain injury may only appear to be a mild concussion at first. Or, it could seem like it’s nothing at all. Invisible injuries are often closely tied to car accidents but can happen in many other ways, as well.
The discovery rule is that in the event of the discovery, the statute of limitations will begin. For example, if you did not file for personal injury on a car accident, then months later, learn that you have TBI from the crash, then it’s possible for the statute of limitations to begin for that injury at the time of diagnosis.
What is “Tolling” or Suspending the Statute of Limitations in Florida
In Florida and many other states, a minor cannot open a legal case. That means that the parents or guardians are left to decide to take legal action or not. They can file a case on behalf of the child, but that doesn’t mean they’ll always take the best course of action.
When there’s the possibility for a child to have a case, a judge may choose to toll the statute of limitations. That’s usually the case when there isn’t a parent or guardian available. But, it’s also possible if the parent or guardian doesn’t appear to have the child’s best interest at heart.
The statute can be tolled when the parent or guardian is incapable of filing the suit as well. For example, if the parent was on disability and required the assistance of their own but was able to maintain care of the child, a judge may decide that opening a claim would be too arduous on the parent.
The suspension is another option that may be available under specific circumstances. In these cases, a judge must also make the decision, and that often means that you need to take this matter to a judge for consideration. A Tampa, Florida personal injury lawyer may identify this issue and move it to a judge for consideration in an administrative capacity.
Hire a Personal Injury Lawyer if You Need an Exception to the Statute of Limitations
If you believe that there needs to be an exception to the statute of limitations made in your case, then you need to call a lawyer. They can guide you through the extension application or submit the information required for consideration of tolling or suspension.
Personal injury attorneys aren’t always the answer, but if you were in a crash, experienced a dog bite, fall, or any other accident which leads to an injury, you should consider it. Hiring an attorney does require a bit of research on your part, go into the research process as if you were hosting interviews, and focus on finding a good attorney for your case.
Rare Instances are Best When Handled By Personal Injury Attorneys in Tampa
When you’re looking for a reason to get a suspension or toll on your statute of limitations, then you need someone with legal prowess. You can’t go into these situations blind, or without knowing every possible outcome. A Tampa personal injury attorney can prepare you for the possibility of not getting an extension, suspension, or toll.
It may come down to taking immediate legal action, and that might mean re-prioritizing what you have on your plate. If you plan too much on postponing a lawsuit, you may have allowed other things to become more important. The thing that is more important that handling this case effectively is your medical recovery from your accident.
Contact the Tampa Personal Injury Law Firm of Winters & Yonker, P.A. for Help Today
Winters & Yonker have an entire office of Tampa personal injury attorneys. We guide people through various injuries and work on resolving them quickly and effectively. But if you believe that you need an exception to the statute of limitations, you will need some legal guidance on delaying your case. That could mean going before a judge with your current situation other pursuing other courses of action.
For more information, please contact Winters & Yonker, P.A. to schedule a free consultation with a personal injury lawyer in Tampa today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.