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What Is The Statute Of Limitations For A Florida Accident Injury?
When an accident or injury occurs, some people start seeking compensation for their damages immediately by filing a civil claim in court. These claims allow the injured party, or victim, to seek financial compensation for their losses.
But not all claims are filed with the courts immediately. Sometimes, for a variety of different reasons, a victim may not file a claim right away. If you are hurt, it is important to know that all civil lawsuits have a statute of limitations, including those for Florida accident injuries. And if you do not file on time, your lawsuit will be barred and you will not be allowed to seek further compensation.
What Is A Statute Of Limitation?
No law requires the at-fault party to automatically or fairly compensate the people they harm. This means it is up to the victim(s) to take initiative to bring any claims against the at-fault parties they are asserting are responsible for their damages, and the victim must do this within a specified amount of time—also known as a statute of limitations.
The statute of limitations is essentially a time limit or deadline in which the plaintiff (the victim) has to file a lawsuit against the defendant (the at-fault party). Florida’s statute of limitations exists to make sure that lawsuits are brought about within a reasonable time frame for the interest of justice. This is to give the injured time to seek necessary treatment and deal with it in a timely manner so evidence is fresh and defendants are not subject to suits for actions that took place too long in the past.
No law requires the at-fault party to automatically or fairly compensate the people they harm… it is up to the victim(s) to take initiative to bring any claims against the at-fault parties.
How Statute Of Limitations Are Determined
Not all legal matters follow the same rules. Many factors play into determining a statute of limitation for a civil injury claim — also known as a tort — one of them is where it happened.
Florida has its own statutes and procedures for how it handles civil injury claims compared to other states across America.
Other factors that may influence the statute of limitations on an injury case include:
- The seriousness of the claim
- The nature of the claim
- The alleged at-fault party(private party vs. public entity)
- The age of the victim- Minors are often allowed additional time
Florida Accident Injury Time Frames
The statute of limitations “time clock” starts at the date of the accident or when the injury occurred. There are some possible exceptions to this, such as not “discovering” you actually had an injury, suffered harm, or bodily damage until a later date. These claims often involve injury cases related to medical malpractice or similar style cases.
Here are the most common accident injuries in Florida and how long you have to file after the injury/accident occurred:
- Personal injury > 4 years
- Assault/Battery >4years
- Medical Malpractice > 2 years
- Workers’ Compensation > 2 years- Product Liability >4years
- Wrongful Death > 2 years
A complete list of the statute of limitations and exceptions for personal injury claims can be found in Florida Statue 95.11(3). Although, the best way to understand and know the exact statute of limitation for your accident injury is to talk with an experienced accident injury attorney at Mickey Keenan, P.A.
Get Help with Your Injury Case
Don’t waste time… Understanding how long you have to file a claim under Florida’s statute of limitations for civil injury cases doesn’t have to be confusing. Contact the personal injury attorneys at Mickey Keenan, P.A.;we can sit down with you and look over your unique case.
If you wait too long to file a claim, you may not be eligible for a settlement for your pain & suffering. Do not miss your chance to make things right. Call 813-871-1300 for a free consultation with our local personal accident injury attorneys. At our law firm, we’ll treat you like family – because to us you are.