Wait too long and you may not have a case
When an accident occurs, and you are facing a wide range of complications from the acts of another person, you may not be thinking about filing a claim for compensation. You may even find yourself focused on your medical care.
However, the statute of limitations Florida has in place can cost you dearly if you do not act soon enough. Understanding what this is, when it applies, and what to do if your date is approaching is critical to protecting your future. Keep reading to learn more from a West Palm Beach personal injury lawyer.
What is a statute of limitations?
A statute of limitations is a law that provides a time frame by which a person must adhere if they wish to file a claim for compensation from someone responsible for their losses. As the plaintiff in a legal case, this is the time limit you have to take action to file a lawsuit against the responsible party.
Suppose you attempt to file a lawsuit after the Florida statute of limitations. In that case, the court is likely to dismiss your case, and the responsible party may no longer be held responsible for the losses you have incurred. That means you will not be able to pursue compensation even if the other party is responsible.
The Florida statute of limitations for personal injury is very clear. Because of this, we encourage you to act quickly in contacting your attorney – not necessarily the insurance company – to take action before you run out of time.
What is the statute of limitations in Florida?
The statute of limitations for the recovery of real property can be dependent on a number of factors. However, for personal injury claims, you typically have four years from the date of the accident to file a claim in court for losses you have incurred.
The personal injury statute of limitations in Florida requires that you file a claim in a court of law for any loss you have incurred within 4 years of the date of that loss. However, there are several situations where exceptions to this rule apply.
Exception: You’ve experienced medical malpractice
If you believe a doctor, hospital, or other professional medical provider failed you, and that failure led to the losses you have, you only have 2 years from the date of the incident to file a claim. Or, you have two years from the date that you discovered the incident or should have discovered the injury. If you wait longer than this, though, there is no way to pursue compensation for the losses you have.
Exception: You are facing a wrongful death claim
Florida law allows for close family members to pursue compensation if their loved one lost their life due to some type of negligence. This can occur in a variety of ways. However, family members only have 2 years from the date of death of the victim to file a claim or lawsuit. Even if evidence develops after this, you only have two years from that death to take action in a court of law.
Exception: You are facing a government-related claim of loss
There are some situations where the government is responsible for the losses you have. The Florida statute of limitations for personal injury against the government is a bit different. First, you must notify the government agency within 3 years of the incident occurring to file such a claim. During this time, you have to provide very specific information about what occurred. If you do not follow the specific steps required, you will be unable to file your claim.
Personal injury cases take more time than you may think
Even if you believe you have plenty of time to file a claim, this is not something that can often be done in a day. Your attorney needs time to file such a claim, and there are numerous legal steps that must be taken first. Do not wait to take action, then.
You do not have to settle your claim within that date
The key to any of the statutes of limitations listed here is that you do not have to settle the lawsuit or claim within this time. You simply need to file the lawsuit within that time frame. That means that if you are running out of time, you should seek out the help of your personal injury attorney now so that the claim can be filled quickly.
Contact our legal team for help right away
Contact Lytal, Reiter, Smith, Ivey & Fronrath to speak to our Florida personal injury lawyer now about your incident. Let us help you to take steps to seek compensation. Call (561) 655-1990 for a free consultation to discuss your case.