Baton Rouge, LA asked in Personal Injury and Civil Litigation for Florida

Q: Hello, does the discovery rule applies if I discover an injury from an assault and battery 13 years ago?

I am having several possible symptoms of PTSD from an incident that happened in Miami Florida May 28, 2010 at a nightclub. I want to get a diagnostic done before I take any action

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: No. The "discovery rule" you are thinking about is that if you only became aware of the tort now, you might be able to sue despite the tolling of the statute of limitations. It appears that you became aware of the tort when it happened, so you should have figured out what damages you suffered then. If, at that time, you determined that the damages made a lawsuit worthwhile, you should have filed suit then.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.