Q: What is the civil statute of limitations for the victim of attempted murder in Florida?
I was the victim of a stabbing about 20 years ago. It still mentally affects me to this day. It has also affected where I would be financially, my work progress and status, and my overall quality of life. The perpetrator was caught quickly since I knew him and was placed in a mental facility for several years. I recently found out(through searching the web to make sure he isn't living close to me)that he owns a house in Jacksonville, FL(where the assault happened). I live about 3-4hrs from there now. I feel this to be unjust and unfair that this person who tried to kill me and given such a light sentence that never seemed to fit the circumstances of the crime is living so much more comfortably than I am. This was someone that I had known(ex upstairs neighbor)and seemed "normal" to me and my friends that also knew him. He smashed my bedroom window(which I thought was from a storm)and when I went outside I saw the front and back windshields of my car had been smashed then saw him coming
A:
Sorry to hear about your ordeal. I can tell you generally what the limitations period would be in a situation like this, but any question on the limitations period for an incident causing damage to you is a question asking for specific legal advice to rely on - which cannot be answered in this forum because that would create an attorney-client relationship (simply for the advice). To obtain legal advice to rely on, you must schedule a consultation with an attorney.
The Fla. civil limitations period (for making a claim for money damages) that generally applies to a battery (a physical, bodily attack) is four years from the date of the incident. Same for assault (physical confrontation, before touching, creating fear of imminent bodily harm). So, GENERALLY speaking, 20 years out would be outside the limitations period for those two types of torts (wrongful acts under civil law). However, the statute of limitations does not prevent filing a suit for money damages; it's an affirmative defense that may be raised in response to a lawsuit. If a lawsuit complaint is not responded to, the plaintiff might be able to obtain a default judgment against the defendant.
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.
