Child Personal Injury, Abuse, and Neglect

The statute of limitations is a deadline of sorts for a lawsuit to be filed against an individual, business, or government entity. The failure to file the lawsuit within the proscribed time limits may result in the waiver of important legal rights. The applicable statute of limitations depends on the State where the incident took place and the type of incident. The statute of limitations can also be affected if the victim dies as a result of the incident. Under these circumstances, the case is subject to the applicable time limits for a wrongful death action. Florida codifies most of the laws regarding the statute of limitations in Section 95.11, Florida Statutes.

Certainly, the rights of an child should be protected and enforced. While it is disturbing to think that certain actions may be time barred if the requirements of the applicable Florida Statute of Limitations are not met. Because of the complexities of the Florida Statutes and Florida case law interpreting the Florida Statutes, it is important to consult with a Florida Personal Injury Attorney or a Florida Child Injury Lawyer about the respective rights of the child and the applicable time limits.

Here are some time limits to keep in mind:

For personal injuries related to an automobile accident, slip and fall injuries, dog bite injuries, and general negligence, the applicable statute of limitations is generally 4 years from the date of the incident. There are some exceptions to this general rule. For instance, a claim or case based on a contract or Uninsured Motorist automobile insurance policy may be filed within 5 years from the date of the incident, accident or crash.

An intentional tort can include assault, battery, abuse, and similar conduct. Pursuant to Section 95.11 (7), Florida, a lawsuit can be filed at any time within 7 years after the age of majority, within 4 years after the injured person leaves the dependency of the abuser, or within 4 years from the time of discovery by the injured party of both the injury and causal relationship between the injury and the abuse, whichever occurs later.

The statue of limitations for sexual battery is governed by Section 95.11 (9), Florida Statutes. An action on behalf of a victim who was under the age of 16 at the time of the act may be commenced at any time assuming that the action was not time barred by the laws place as of July 1, 2010. As such, there is no time limit for these acts with the exception as noted herein.

Generally, an action for wrongful death of a child must be commenced within 2 years from the time of the death and within other applicable rules and time limits depending on the facts and nature of the claim or case.

David A. Wolf is a Florida Child Injury Attorney with over 30 years of experience. He has devoted the span of his entire legal carer to issues and cases affecting the rights of children. David A. Wolf strongly believes in Giving a Voice to Injured Children and Their Families. He is the author of a number of books focusing on child injury issues including the book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know and the book titled When a Parent's World Goes From Full to Empty - The Wrongful Death of a Child - What You Need to Know About The Florida Wrongful Death Act.

David A. Wolf is also active in the community. He has served on as a coach, parent communicator, team manager, and on the Board of Directors for a local youth soccer organization. For approximately 10 years, he was a Big Brother and mentor under the Big Brothers and Big Sisters Program. He currently is on the Board of Directors of the Jacksonville Jewish Community Alliance which houses one of the finest and highly ac accredited pre-schools and summer camps in North Florida.