Visitor Question

Is my case past the statute of limitations?

Submitted By: Latuna (Florida)

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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Latuna,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 19, 2013

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