In Florida, the statute of limitations for personal injury cases is critical knowledge for anyone seeking compensation after an injury. Under Florida Statute 95.11, most personal injury claims must be filed within two years. However, certain circumstances can extend or alter this timeframe.
Understanding the Statute of Limitations in Personal Injury Cases
The statute of limitations is a legal deadline for filing a lawsuit. Understanding and adhering to this timeframe is essential to ensure your case is heard.
What is a Statute of Limitations?
A statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. For personal injury cases in Florida, this period is typically two years from the date of the injury or when the injury becomes apparent.
Purpose of the Statute of Limitations
The statute of limitations exists to promote fairness. It ensures that plaintiffs have adequate time to gather evidence while also allowing defendants the opportunity to build a defense.
Key Details About Florida’s Two-Year Limit
In Florida, personal injury claims must generally be filed within two years. This deadline emphasizes the importance of timely legal action to preserve your rights.
When Does the Clock Start?
The clock starts ticking from the date of the accident or the date the injury is discovered. Filing your claim as soon as possible is crucial to avoid missing this deadline.
Exceptions to the Two-Year Rule
Certain conditions can extend the statute of limitations beyond the standard two years. These exceptions recognize the complexities that can arise in personal injury cases.
Circumstances Extending the Filing Deadline
Several situations can warrant an extension of the filing period in Florida. These include the discovery rule, fraudulent concealment, injuries to minors, mental incapacity, the at-fault party’s absence from the state, wrongful death, and medical malpractice cases.
Discovery Rule
If an injury is not immediately apparent, the statute of limitations may begin when the injury is discovered.
Fraudulent Concealment
When crucial information is intentionally hidden by the defendant, the statute of limitations can be extended.
Injuries to Minors
For injuries to minors, the filing period can extend until the child turns 18 if the parents were unaware of the injury.
Mental Incapacity
If the injured party is mentally incapacitated, they may have up to seven years to file a claim, unless it involves medical malpractice.
Absence from the State
If the at-fault party leaves Florida, the injured person may have additional time to file their claim.
Wrongful Death
In wrongful death cases, the statute of limitations is typically two years from the date of death, but certain factors like fraud can extend this period.
Medical Malpractice
While medical malpractice cases usually follow a two-year limit, the discovery of fraud can extend this timeframe.
Identifying Applicable Exceptions
Determining if an exception applies to your case can be complex. Consulting with a knowledgeable personal injury attorney is crucial for understanding your specific situation and ensuring timely filing.
Consult an Experienced Personal Injury Attorney
Understanding the nuances of Florida’s statute of limitations is essential for the success of your personal injury claim. At FGB Law, our experienced attorneys are here to guide you through the legal process, ensuring your case is filed within the required timeframe. Contact us today for a free consultation and let us help you secure the compensation you deserve.
Frequently Asked Questions
What Is the New Personal Injury Law in Florida?
The updated law reduces the filing period for personal injury claims to two years, ensuring quicker case resolutions.
What Is the New Statute of Limitations in Florida?
The statute of limitations for personal injury cases in Florida is now two years.
How Long Do You Have to File an Injury Claim in Florida?
You have two years from the date of the injury to file a claim.
Can the Statute of Limitations Be Waived in Florida?
Waiving the statute of limitations is rare but possible under certain conditions.
What Crimes Have No Statute of Limitations in Florida?
Crimes like murder, manslaughter, and vehicular homicide do not have a statute of limitations.
What Is the New Accident Law in Florida?
Florida’s new law requires drivers to maintain a minimum of $25,000 in bodily injury coverage.
What Percentage Do Lawyers Take for Personal Injury in Florida?
Personal injury lawyers typically charge a contingency fee of around 33.3% of the settlement.
What Is Considered a Serious Injury in Florida?
Serious injuries include significant impairment, loss of bodily function, disfigurement, or a risk of death.
How Long Do You Have to File a Civil Suit in Florida?
The statute of limitations for civil suits varies, but personal injury claims must be filed within two years.
Take the Next Step
If you’ve been injured and need legal assistance, FGB Law is here to help. Don’t let time run out on your claim. Contact us today to schedule your free consultation and learn more about your rights and options.