When it comes to personal injury cases in Florida, time is of the essence. Like all other states, Florida has a statute of limitations that requires a strict deadline for initiating an injury lawsuit. This deadline varies depending on the type of case and is designed to ensure that cases are brought within a reasonable amount of time while evidence is still available.
Knowing Florida’s personal injury statute of limitations is vital if you or a loved one was hurt due to someone else’s negligence. In this post, we’ll take a closer look at Florida’s personal injury statute of limitations, answer some frequently asked questions, and assist you in navigating the legal system.
Importance of Statute of Limitations in Personal Injury Cases
- The statute of limitations imposes a deadline for filing a personal injury claim in court.
- It helps ensure that cases are filed on time while evidence and witnesses are available.
- Filing a personal injury claim after the statute of limitations has expired will likely result in the dismissal of your case.
- Having knowledge of the statute of limitations for your case can help you determine when to take legal action. And avoid losing your right to seek compensation.
Time Limit for Filing Personal Injury Claims in Florida
The timeline for filing personal injury claims is set by Florida Statutes Section 95.11. According to this Florida law, the statute of limitations for personal injury lawsuits (and many other cases) is four years from the accident or incident that caused the injury. This means that if you wish to file a personal injury lawsuit in Florida, you must do so within four years of the date of the accident or incident.
It’s important to note that this four-year time limit may be subject to exceptions or variations depending on the particular circumstances of your case. But, it’s generally advisable to file your personal injury claim within the standard four-year statute of limitations. To avoid losing your legal right to seek compensation for your injuries.
If you have a personal injury claim, it’s always best to consult an experienced personal injury lawyer to determine the applicable time limit for your case.
Types of Personal Injury With Different Statutes of Limitations in Florida
In Florida, various types of personal injury claims have different statutes of limitations. A statute of limitations is the time limit within which a lawsuit must be initiated in court. Here are some examples:
Car accidents
In Florida, the statute of limitations for filing a personal injury lawsuit following an automobile accident is four years from the accident date.
Medical malpractice
According to Florida Statute 95.11(4)(b), the statute of limitations for cases of medical malpractice in Florida is generally two years from the date the injury was found out but no more than four years from the incident date.
Slip and fall accidents.
The statute of limitations in Florida is four years from the incident date that occurs on someone else’s property.
Product liability
If a faulty product injures you, you have four years from the date of the injury to file a personal injury lawsuit.
Wrongful death
As per Florida Statute § 95.11 (4)(d), the statute of limitations for filing a claim for wrongful death is typically two years from the date of the person’s demise.
It’s crucial to note that these are only a few Florida personal injury cases and their statutes of limitations. If you’re considering a personal injury case in Florida, contact an experienced Florida personal injury attorney to understand your legal alternatives and the statute of limitations.
How To Calculate the Time for Filing a Florida Personal Injury Case
When filing a personal injury case in Florida, it is crucial to understand the timeline and deadlines involved. The date of injury and the date of discovery are critical factors in determining how much time you have to file your claim. Additionally, tolling may come into play in certain circumstances.
Date of Injury
The date of injury is when the incident caused the personal injury. Personal injury cases in Florida have a four-year statute of limitations. Your claim must be filed within four years of the injury. If you miss this date, you may not make a claim or get compensation for your injuries.
Date of Discovery
In some cases, the date of discovery may be later than the date of the injury. For example, if you were exposed to a toxic substance that caused an injury, you may not realize the severity of the harm until some time later. In this case, the clock starts ticking from the date of discovery. The Florida personal injury statute is four years from the date of discovery as long as it falls within the four-year limit from the date of the injury.
Tolling
Tolling suspends or interrupts the statute of limitations. Tolling may be used in Florida personal injury cases. If the injured party is minor or mentally handicapped, the statute of limitations may be tolled until they turn 18 or recover. If the defendant leaves the state or jurisdiction, the statute of limitations may be tolled until they return.
The statute of limitations is a deadline. You may forfeit your entitlement to compensation if you miss it. Thus, it is crucial to consult with Leon Law Firm’s Florida personal injury attorneys as soon as possible after the injury to fulfill all deadlines and safeguard your legal rights.
Exceptions to the Florida Statute of Limitations Personal Injury
The Florida statute of limitations for personal injury cases generally provides that a lawsuit must be filed within four years from the date the injury occurred or was discovered. But, some exceptions to this rule can extend the time limit for filing a claim. These exceptions are:
Incapacitation
If the injured party was incapacitated or unable to pursue legal action due to their injury, the statute of limitations might be tolled (paused) until they can do so.
Minor
The statute of limitations might be tolled until they reach the age of 18 if the victim was a minor during the time of the injury.
Defendant Left the State
If the defendant left the state after the injury, the statute of limitations might be tolled until they return.
Defendant Concealed Themselves
If the defendant concealed themselves or their identity, the statute of limitations may be tolled until they are discovered.
Child Sexual Abuse
Later in life, many young children disclose sexual assault. A rigid statute of limitations would deny these victims justice, whether they fear vengeance from their abuser or don’t understand what happened. Thus, Florida eliminated the statute of limitations on child sexual assault cases. In Florida, a sexual abuse claim can be filed at any time.
Government Defendant
People may get injuries while riding public transportation or walking up the municipal hall steps. A government vehicle may collide with them, or they may sustain an injury while on government grounds. If a government entity causes your injuries, you only have three years to pursue a personal injury claim. You may also be limited in the number of damages you can recover.
Consequences of Filing a Personal Injury Claim After the Statute of Limitations Has Expired
If you file a personal injury claim after the statute of limitations has expired, the court will likely dismiss your case. This means you will be unable to recover any damages for your injuries, no matter how severe they may be.
Filing a personal injury claim after the statute of limitations has expired is generally not advisable. It can result in losing your legal rights to seek compensation for your injuries. It is crucial to remember that the statute of limitations is in place to ensure that cases are filed promptly while evidence and witnesses are still available.
But, there may be some exceptions to this rule in certain circumstances. For example, if the injury was not immediately discovered or if the defendant concealed evidence related to the injury, the statute of limitations may be tolled or extended. It’s best to speak with an experienced Florida personal injury attorney to determine if any exceptions may apply to your case.
The Importance of Consulting a Personal Injury Lawyer
After a vehicle accident, slip and fall, or another mishap, consulting with a personal injury lawyer is crucial. Personal injury lawyers can explain your legal rights and assist you in getting the compensation you deserve.
Leon Law Firm helps clients understand personal injury law. We’re here to help you through an injury’s worry and confusion. Our assistance includes:
Investigating the Accident
One of the key roles of a personal injury lawyer is to examine the details surrounding the accident. We can gather evidence, interview witnesses, and consult experts about developing your case.
Insurance Negotiations
Insurance companies are notoriously demanding and aim to pay as little as possible. We can negotiate with the insurance company for adequate injury compensation.
Fighting for Your Rights in Court
We can sue the insurance company for a reasonable settlement. We have substantial personal injury litigation experience and will fight for the best result.
Providing Support and Guidance
Dealing with an injury can be emotionally and financially draining. We provide support and guidance at every step, from helping you find the medical care you need to tell you about your legal options.
Leon Law Firm is proud of its personal injury accomplishments. We fight for justice and have won millions for our clients.
Schedule a Case Evaluation With Our Personal Injury Lawyers at Leon Law Firm
Don’t give up on what you deserve simply because the statute of limitations ran out. Contact our personal injury law firm today so we can work together to protect your rights and pursue the compensation you deserve.
Schedule a case evaluation with us today. At Leon Law Firm, we have the knowledge and expertise to help you win your personal injury case. We are eager to help you protect your legal rights, win compensation, and achieve justice in your case. Call us now at (904) 344-5074.
