Florida Personal Injury Lawyers Blog
When you are injured in an accident, the clock starts ticking on how long you must file a personal injury claim against they at-fault party. Your priority should be to make sure all your injuries are tended to by a doctor, but as soon as you are able, it is best to consult with a personal injury lawyer who can begin helping with your case right away. You do not want to have your case invalidated or dismissed because you were not aware of the time constraints placed on how long you must file.
When you are injured in an accident caused by another person’s negligence, your first concern is not usually how long you have to file a claim against that person to recover compensation for your damages. However, this is something that you need to keep in mind because you don’t have an endless amount of time to file a claim against the negligent party. There is a statute of limitations placed on how long you can file a lawsuit for damages.
Statutes of limitations are state laws that limit the amount of time that legal action can be taken after an accident occurs. Statutes of limitations are logically designed to help resolve legal issues in a fair amount of time.
When this window of time closes, then you could be out of luck. This time frame is not just a random number; it is designed to keep valuable evidence and all witness statements fresh so that the memories do not fade as time goes on. These time constraints are also enforced to prevent unfair delays in personal injury or wrongful death cases for all parties that are involved.
Statute of Limitations for Personal Injury Cases in Florida
Most personal injury claims must be filed within two years of the incident. This deadline is applicable in the following situations:
- Slip, trip, and fall accidents
- Car accidents
- Truck accidents
- Motorcycle crashes
- Premises liability claims
- Pedestrian and bicycle accidents
Deadlines for Florida Medical Malpractice Claims
Medical malpractice lawsuits follow the same two-year deadline as other personal injury claim. The date of the injury or death usually marks the start of this two-year term.
Typically, medical malpractice deadlines start on the date of the injury or when the injury should have been detected. If the injury is not immediately discovered, then the statute of limitations can be extended, but not for more than four years from the original incident, even if the injury has not been discovered yet.
There are exceptions to this rule, especially when it comes to babies or young children. Minors, or children under the age of 18, may have the statute of limitations for their injury claim paused in certain scenarios. When there is a delay in identifying injury or harm to a child, such as birth injuries, then the statute of limitations is extended until the child turns 8 years old. However, if parents knew or should have known about an injury, then the two-year statute of limitations would apply.
These time frames and exceptions can be tricky. If you or your child was harmed due to medical malpractice, then you should speak to our Florida Medical Malpractice Lawyers at Whittel & Melton as soon as possible.
When Does the Statute of Limitations Start?
In most personal injury cases, the start date for the statute of limitations is the day the injury occurred. For example, if you were injured in a car accident, then you would need to file your injury claim within two years from the date of the crash.
In some cases, the statutes of limitations will not start or run until you have discovered the injury. Some accidents do not immediately show injuries or harm, so the clock won’t start ticking on the statute of limitations until the injury is discovered. The same is true for birth injury claims; it could take several years for injuries to develop after medical malpractice has occurred. Our Florida Birth Injury Lawyers at Whittel & Melton can walk you through the various deadlines that could be applicable for your claim.
For wrongful death claims, the statute of limitations starts on the date of the death, even if it is several days or weeks after the accident that caused the death. Our Florida Wrongful Death Lawyers at Whittel & Melton can guide you through the process of filing a wrongful death claim in Florida and make sure all deadlines are met.
Courts have the power to pause (also known as tolling) the statute of limitations in certain cases, including:
- If the injured victim is a minor
- If the injured victim has a mental illness or is incapacitated
- If the defendant is no longer in the jurisdiction/cannot be located
- If the victim’s injury is the result of sexual abuse
Get Help with Your Florida Personal Injury Claim
Knowing the statute of limitations is essential to your case so that you do not run out of time to seek financial damages for the harm you have endured. You do not want to wait to get legal help if you or a loved one has suffered as there are strict deadlines attached to personal injury and wrongful death cases. A Florida Injury Lawyer at Whittel & Melton can ensure that you take the right steps at the right time. Call us today at 866-608-5529 or contact us online for a free consultation immediately after your accident so that you can avoid having your case dismissed due to missing the specific statute of limitations. You do not want to wait to consult with a lawyer as there is not much wiggle room, if any, on these deadlines.