How Long do You Have to File a Personal Injury Claim in Florida?

When you sustain an injury due to someone else’s negligence or misconduct, you may wonder how long you have to file a personal injury claim in Florida. The time limit depends on several factors, including the circumstances of the injury, who the victim was, and who was responsible. For most Florida claims, you have two years to file a lawsuit.

Examples of claims that must be filed within two years include:

• Claims stemming from negligence
• Statutory liability claims
• Battery
• Assault
• Intention torts

Other situations could change the amount of time you have to file a personal injury lawsuit. Apersonal injury lawyer can tell you about what legal time limits pertain to your case when you call for a case evaluation.

What Is a Statute of Limitations?

A statute of limitations is a law that establishes a time limit for initiating a lawsuit. This fundamental rule governs how much time a person has to bring legal action after a specific event, such as an injury or the violation of a legal right.

The purpose of these statutes is to ensure that legal disputes are resolved promptly, preventing the filing of lawsuits long after the events have occurred.

The statute of limitations can vary significantly depending on the type of legal claim and the jurisdiction in which it is pursued. Typically, it ranges from a few years to several decades and depends on the specific circumstances and the nature of the claim. As we mentioned previously,Florida’s statute of limitations for personal injury claims is typically two years from the injury date. Barring unique circumstances, you must file before the deadline or lose your right to seek compensation.

What Exceptions Might Alter the Time Limit?

The deadline may be extended beyond two years in some circumstances, such as when the victim was a minor at the time or when a medical professional deliberately concealed liability. Other situations could shorten the time you have.

Examples of exceptions to Florida’s two-year statute of limitations for personal injury claims include:

Medical Malpractice Cases

In the case ofmedical negligence, also known as malpractice, you are generally required to initiate a lawsuit within two years from the date of the incident. However, this could extend to two years from the date when you discovered (or should have discovered) the injury.

Wrongful Death Cases

When filing a wrongful death claim, you have a two-year window starting from the date of the victim’s death to initiate a lawsuit. This date is often later than the injury date.

Claims Against the Government

Personal injury claims against government entities have additional rules and requirements. If your claim is against a government entity, you may have a tighter deadline for filing.

Also, your paperwork should contain specific information, and failing to file it correctly could result in the loss of your right to sue. An attorney can let you know whether you have a valid claim and explain the deadlines as they apply to your case.

Claims Involving Minors and Certain Wrongful Death Damages

Claims for sexual assault when the victim is under 16 are often filed years later. Certain types of damages related towrongful death may also be available beyond the usual time limit. 

If you are wondering how much time you have left, remember that the statute of limitations typically begins on the day an accident occurs or when you recognize an injury has occurred. The distinction is important because some accidents or injuries may not have immediate symptoms. 

What Kind of Damages Can I Recover in a Personal Injury Claim?

If you are wondering how long you have to file a personal injury claim in Florida, you may also be curious as to what types of damages and compensation you are entitled to. In Florida, there are two main categories of damages or losses you can collect for a personal injury claim: economic and non-economic.

Economic Losses

Economic losses are financial costs you incur that can be proven in court. Simply put, they are costs that you could prove with bills, receipts, and financial statements.

Examples of these damages include:

• Legal fees
• Property damage and replacement costs
• Medical expenses
• Lost wages

Non-Economic Losses

Conversely, non-economic losses are subjective and can include:

• Pain and suffering
• Emotional distress
• Loss of affection
• Loss of consortium

Insurance companies and the court system allow you to pursue both types of damages. This is because you can suffer permanent and chronic symptoms that can impact your daily life long after you pay for medical bills.

The factors a jury can consider when deciding how much compensation to award you include the following:

• Your age
• Your current and future earning potential
• The severity of your condition
• Whether you need extended treatment

An attorney from our law firm can discuss how much compensation may be available in your case when you call for your free consultation.

What Are the Benefits of Hiring a Personal Injury Attorney?

Recovering from an injury can be exhausting and time-consuming. You may have to maintain regular doctor visits and rehabilitation appointments, which could limit your ability to manage a personal injury case.

If you hire an attorney to represent you, they can handle your case while you relax and focus on your recovery.

A personal injury lawyer’s services may include the following:

• Answering your questions
• Making sure your case complies with the relevant statutes of limitation
• Gathering evidence of the responsible party’s liability
• Obtaining evidence of the extent of your injuries
• Negotiating with the insurance company on your behalf
• Taking your case to court if the insurer does not agree to a fair settlement

Contingency Payment Structure

Our attorneys represent clients on a contingency fee basis. This arrangement requires no up-front fees. Instead, the lawyer’s payment comes out at the end as a percentage of your settlement or court award if and when you win your case.

Help With Meeting Deadlines

Florida’s personal injury statutes are complicated, and time limits can vary significantly from case to case, making professional guidance invaluable. Seeking legal counsel will ensure you meet all applicable deadlines in your case. 

What If I Have Plenty of Time Left With the Statute of Limitations?

When it comes to pursuing a personal injury claim in Florida, it is best to get started sooner rather than later. The investigation that needs to take place prior to filing a lawsuit is complex and time-consuming.

You or your attorney need time to establish liability, interview witnesses, and gather evidence to support your case.

If you wait too long to get started, evidence might be difficult or even impossible to find. Gathering and preserving evidence now could prove useful in your future legal proceedings.

Our Lawyers Can Help You Get Justice for Your Injuries

Chalik & Chalik represents injured victims across Florida. If you or a loved one has suffered harm due to someone else’s negligence or misconduct, we want to hear your story. We can tell you how much time you have left to file your Florida personal injury claim and explain your legal options.

Remember, our attorneys accept cases on a contingency-fee-basis with no up-front costs to our clients. In other words, we only get paid when we win your case. Call our law offices today or fill out theonline contact form for a free consultation.