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How Long Do I Have to File a Personal Injury Claim in Florida?
The Florida statute of limitations is the period from which a plaintiff has to file for their personal injury claim. Depending on the type, according to Florida section 95.11 you can have as little time as 2 to up to 5 years after the accident to file such claims.
This can bring about catastrophic damage to the injured person. Such injuries can give you a life-altering experience and extreme medical expense, losses incurred for property and income, and other difficulties.
You should not be held liable to pay all these expenses when another is at fault. If you suffer any sort of personal injury then, it is vital that your case is taken to court immediately.
Every state has a personal injury statute. Nolo explains that a “statute of limitations is a state law that sets a strict deadline on the right to bring a personal injury suit”.
What is the personal injury statute of limitation in Florida?
The Florida Statute of Limitation Section 95.1 states that the statute of limitation to file a claim in Florida for personal injury relies upon whether it is a type of case: between two and five years after an accident. The chart below illustrates laws by practice area.
What is the “Statute of Limitations”?
An expiration date to bring a lawsuit is what a statute of limitation is. This law has determined that it shall be the period after an accident and within which a damage claim should be pursued. Your claim is forever barred if you fail to file before the statute expires. It is determined by state and types of cases.
Why Is Florida Subject to a Statute of Limitations?
The Florida personal injury statutes of limitation provide the obvious point of satisfying the system by assuring that the case will come before court within the time allowed. Thus, the defendant doesn’t have to worry about being sued about something happening decades ago.
A statute of limitations keeps valuable evidence from getting lost or hopelessly deteriorated. This is beneficial to both parties involved. It only need to be “reasonable”, which is why they differ from state to state.
Florida Statute of Limitations by Type of Personal Injury Case
Car Accidents
A car accident victim, truck accident victim, or motorcycle accident victim may file a lawsuit in one of various forms. The statute of limitations on body injuries that occur through car accidents depends on the type of accident and responsible party in Florida. There exist time limits for actions for injuries against another driver. The injured party may, within two years, commence proceedings against the other driver in court if harmed due to the latter’s wrong.
In this scenario, the time limit may be extended up to five years when you file your claim against an Uninsured Motorist. Even trickier deadlines apply to utilizing your Florida PIP Statute of Limitations coverage (no-fault benefits). Sometimes it is as brief as 14 days.
There are two years in which a person has to file a case against filing a claim for property damage if another driver damages his/her automobile.
Motorbike Accidents
The Florida statute of limitation for the claim of bodily injuries is two years. In case death resulted from a Florida motorbike accident, then the law provides two years to file a lawsuit.
Bicycle Accidents, and Pedestrian accidents
The litigant has two years from the happening of the accident or from the date when it was discovered to file the case against the perpetrator of the possible accident. Two years is also the time limit during which a fatal accident claim can be filed. An extension up to five years applies if a claim needs to be filed against the uninsured driver insurer. PIP claims, no-fault, can be filed within a period of 14 days.
Slip and Fall Injuries
Bodily injury claim. Two years limitation period. Death claims also run to two years limitation.
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Wrongful Death
A car accident caused death of one’s family member; thus, it is within two years from and after the date of death or discovery that such death was caused by the negligence of other party as within which a wrongful death lawsuit must be filed.
Medical Malpractice
Florida has a pretty complicated law regarding the statute of limitation. The Florida statute of limitation in such malpractice cases extends two years following the date when you first knew or, with reasonable diligence, would have known that the present injury was caused by medical malpractice. Florida also has another subsidiary law called “statutes of repose.” This law provides a four-year limit and does not depend on your knowing about the malpractice or not.
The statute of repose runs from the date the malpractice happened. Remember that even though the four-year period of repose hasn’t run yet, you will be covered by the two-year limitation if you either knew or you should have known malpractice.
The above rules have two exceptions: First, in case the healthcare provider practices fraud, misrepresentation, or concealment about the malpractice. In very rare cases, the statute extends to seven years. However, you also have a two year limitation period from the date on which you knew or should have known about the malpractice. Even if you have not filed your claim yet, if you wait until the statute of limitation runs before filing, then you are barred.
Claims by children are not covered. The statute bars an action for negligence in cases of children. It does not allow a child to file an action for negligence until such child attains the age of eight years. The limitation period also is not extended. This will close a claim after two years if the parent or guardian of the child knows or ought to know of the negligence .
If you feel that you have a legitimate medical malpractice claim, then you should seek an attorney to ensure that your rights are preserved .
Nursing Home Abuse
Medical malpractice and nursing home abuse time limits are virtually the same. There are two possible exceptions: the statute of limitations for nursing home abuse equals that of medical malpractice.
Dog Bites
When a dog injures someone, the period of limitation to bring a legal action against the owner is four years. The period of limitation for negligence cases against any person other than the owner is two years. If the accident leads to death, the period of limitation is two years.
Construction Accidents
In case of a suit construction accident, an employee could file his case against another than his employer. The statute of limitation herein is two years. The family of the deceased worker has two years in which to file a case.
Product Liability
Under product liability, a defective product causes an injury to a person. Such a person has two years within which to bring a lawsuit. The death resulting from the defective product may also be covered by this statute of limitations.
Other Types of Cases
There are also claims against governments, workers’ compensation, and boating accidents. These too have specific time limits and periods of limitation. One would be imperative to seek proper legal advice as soon as possible upon being involved in one of these accidents.
FAQS
Does this mean that I can take no further action if the statute of limitation has yet to run?
Yes. The statute of limitation is the period within which one must file a lawsuit. But even before filing a lawsuit, there are many things that must take place. It also pays for action to be taken right after an accident to avoid the reduction of the claim. Evidence can be lost or destroyed. Witnesses become hard to trace, and over time, their memories change. It is important to seek assistance right away, and an attorney should be consulted as soon as possible. Obtain a personal injury attorney in the jurisdiction who is aware of the statute of limitations.
Is finding an attorney right after the accident of any value?
Yes. In our practice, injured clients are most helped to understand their options at the very outset of the case. As mentioned above, getting an investigation started as soon as possible will help build evidence and witnesses’ testimony before events have a chance to fade from memory. It’s also very valuable for injured victims to be aware of the insurance coverage available. We strive hard to obtain this information from the very beginning.
Is it possible for there to be a risk involved in speaking with an insurance company even though the statute of limitations is long?
Yes. Insurance companies do not have their injured victims’ best interest at heart. Insurance companies want to pay injury victims as little as possible. They will often try to record conversations, and sometimes even demand to take recorded statements. They will also present the injured claimant with tough paper games such as medical authorizations or releases of liability. The dynamic between the insurers and the injured parties often has a detrimental effect on the value of a claim.
How Can I Be Sure That Statute of Limitation Has Not Expired on My Case?
The toughest part is usually choosing the correct statute of limitation on your case. You also don’t know who was at fault. Therefore, these do affect how long you can file the complaint or lawsuit. Contact an experienced Florida statute of limitations personal injury attorney, and you will have sufficient time to exercise your legal rights. All your questions can be answered at Hysenlika Law Firm. To arrange a free consultation with one of our knowledgeable Tampa Personal Injury Attorneys in your location, schedule an online consultation. Or call us at (813) 803-0733.