Florida statutes of limitation means that the action must be commenced but that time.
Best of luck.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law. Any comments are merely suggestions for you to think about in discussing your situation with your local attorney.
The action must be commenced before the Statute of Limitations expires.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law.
The Statute of Limitations depends on the cause of action you are suing under. There are not enough facts given to know what the lawsuit is about or what is alleged to determine the Statute of Limitations for your situation. However, the Statute of Limitations is related to when the lawsuit is filed and not a judgment being issued. If you fail to file the lawsuit within the appropriate Statute of Limitations the claim is barred.
This response is a general answer to a question posed by an unknown person and is not intended to nor does it in any way create an attorney/client relationship between the attorney answering the question and anyone viewing the response.
As the others have mentioned, any statute of limitations expires if a lawsuit is not filed before the expiration of the limitation period. So, for a 4 year statute of limitation, you must file the lawsuit before the 4 years have expired.
However, be mindful that calculating statute of limitation is a tricky issue and you should not wait until the last day (or even the second to last day) to file. You may discover you did not calculate the 4 years correctly after it's too late. More importantly, waiting too long may result in spoliation of evidence (such as destruction of documents in the ordinary course of a business), which may have existed earlier.
The statute of limitations means in the real world that you must either settle the disagreement before the statute runs or have filed suit. Filing suit stops the statute from running out. If you get in a position where you're in discussion on the day before the statute runs, you better be sure to have the settlement release signed and check in hand or have the suit ready to file. Good luck.
Put simply, you ascertain (hopefully with confirmation from a Florida litigator) when the cause of action accrued (usually upon the last bad act or omission by the defendant), then count ahead by four years from that precise day/date. Once exactly four years has passed since the potential plaintiff first had the opportunity to sue, that party must have filed suit in order to preserve the right to pursue the claim in court. It does not matter when the judgment is entered, but rather when the action is filed. Best wishes to you.
The statute of limitations is the time period in which you must bring your suit. Florida Statutes dictate the statute of limitations for a particular cause of action. If you fail to bring your suit in accordance with that time frame, then you are barred from bringing suit. It's best for you to consult a Florida attorney to understand what statute of limitation applies in your case, and when the cause of action accrues. Good luck.
Please be advised that the statements herein cannot be relied upon in any way or manner as legal advice and no attorney-client relationship has been formed by virtue of this answer. The above merely reflects my un-researched response to the question based on the facts that you've presented in your question.
Statute of limitations is the deadline to file suit. How quickly the lawsuit moves after that is up to the judge. You could have different statutes of limitations for each issue. For example, the statutes of limitation for breach of contract, fraud, and property damage could be different, yet the defendant may have caused all of those. Litigation can be technical and complicated. You should contact a litigation or lawsuits lawyer through AVVO. Look for someone who is board-certified by the NBTA in civil trial advocacy. NBTAlawyers.org
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