Do I Have A Deadline For Filing A Personal Injury Lawsuit In Florida?
Being injured in an accident of any type can be very traumatic. Your physical pain is only one element. You also suffer emotional and financial injuries due to the accident and the physical injuries. Depending on the type and severity of your injury, you could incur substantial medical bills. You could also require ongoing medical care and/or personal care for years or for the remainder of your life. Who pays for this? You may be out of work for weeks or months while you recover? Who pays for this?
When you have been severely injured in a personal injury accident (i.e. motor vehicle accident, slip and fall, product liability, etc.), the insurance company for the party at fault pays for your damages. However, insurance companies do not like to pay huge settlement claims because it decreases their profits. Insurance companies try to limit the amount of compensation they must pay to accident victims. When insurance companies fail to treat an accident victim in a fair and just manner, the person may need to file a personal injury lawsuit.
What Is A Personal Injury Lawsuit?
The legal system cannot undo your physical injuries. The only thing the law can do is provide a system for you to hold the responsible party accountable and liable for your damages. Florida’s laws provide that accident victims can file a personal injury lawsuit when they are injured due to the negligent, reckless, or careless acts or behaviors of a person, company, or public entity. A personal injury attorney can help you determine if you need to file a personal injury lawsuit. However, you need to act quickly because Florida law also limits the amount of time you have to file a personal injury lawsuit.
What Is Florida’s Statue of Limitations?
All states have what is called a statute of limitations regarding personal injury lawsuits. The statute of limitations provides deadlines for filing personal injury lawsuits to prevent people from waiting years or even decades to file a claim. Over time, memories fade and evidence may be lost or destroyed. Setting deadlines to file a lawsuit protects all parties from unfair litigation.
In most cases, you must file a personal injury lawsuit within four years from the date of the injury. Florida actually has a longer statute of limitations than some other states. In some states, you must file a lawsuit within one or two years. However, you must be careful because there are exceptions to the four-year general rule.
For example, if your lawsuit is against a government entity, you only have three years from the date of injury to file your personal injury lawsuit. In some cases, you may need to provide notice to the government entity within a short period after the accident of your intent to file a lawsuit. On the other hand, if you did not discover the injury until much later after the accident, as in the case of some medical malpractice claims, the court may extend the deadline to file a personal injury lawsuit by setting the deadline beginning with when you realized you were injured rather than the actual date of the injury.
It is extremely important to consult an attorney who has experience handling personal injury claims as soon as possible after an accident. You may not be thinking about filing a personal injury lawsuit but you need to protect your right to receive compensation for your injuries.
Call a Boca Raton Personal Injury Attorney for a Free Consultation
Contact The Broderick Law Firm, P.L. today by calling 1-800-333-3903 to schedule your free consultation.