Is my case past the statute of limitations?

by Latuna

My apartment is on a ridiculous hill. In 2010 I parked my car on the hill, went around to the other side of my car, stepped in a hole and injured myself so badly I haven't worn a regular shoe in over 3 years. I've had to have surgery to help offset the pain that I have everyday.

I now walk with a cane, I can't participate in activities with my daughter, I can't stand very long or sit very long. I swell if I take trips longer than 30 minutes. All of this at the age of 36.

Can I hold my apartment complex liable? This happened in 2010 in Florida. Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Is my case past the statute of limitations?":

Latuna (Florida):

Fortunately the statute of limitations for personal injury actions in the State of Florida is 4 years. You may have a personal injury negligence action against the apartment complex. To do so you will have to support your claim with medical records, medical bills, and other evidence of "damages."

Without medical evidence of your injuries your claim will unfortunately fail. If you haven't seen a doctor you should do so as soon as possible. It may not be too late to support your claim.

Hopefully you took some photos of the hole at the time of your injury. In addition, hopefully you notified the apartment complex owner or management office at the time of your injury.

If you didn't take photos or notify the apartment complex owner or management, you are going to have a very difficult time proving your claim. Too much time has elapsed. The apartment complex owner or management staff will claim you probably injured yourself somewhere else.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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