Every year, nearly 40 million Americans suffer a personal injury requiring medical treatment. A huge portion of these injuries are caused by someone else’s negligence and warrant the victim filing for compensation. However, there is a time limit for those wishing to do so. This is known as the statute of limitations. The purpose of a statute of limitations is to ensure that claims are filed within a reasonable amount of time so that evidence and witness memories are still fresh.
In personal injury cases, the statute of limitations varies by state and by the type of claim being made. Knowing the statute of limitations that applies to your specific St. Petersburg injury case is crucial – missing the deadline means you lose the legal right to seek compensation.
Statute of Limitations for Personal Injury in Florida
- In Florida, most personal injury claims fall under a two-year statute of limitations, as per Florida Statute 95.11. This means that an injured person has two years from the date of their injury to file a lawsuit seeking damages. Some important notes on Florida’s statute of limitations for personal injury:
- Negligence claims have a two-year statute of limitations. This includes claims like car accidents in St. Petersburg, slip and fall accidents, dog bites, etc.
- For medical malpractice claims, minors have until their 8th birthday to file a claim. However, there is still an overall 4-year statute of limitations from the date of the incident. So, the claim must be filed by the child’s 8th birthday, or within 4 years of the incident, whichever is earlier.
- Wrongful death claims have a two-year statute of limitations.
- Exposure to hazardous chemicals like Agent Orange also has a two-year statute, running from discovery of the injury.
So, in summary, two years is the standard statute of limitations for filing a personal injury lawsuit in Florida. The clock starts ticking from the date of the injury or from the date when the injury was first discovered.
Meeting the Deadline
The two-year deadline often feels short for filing a personal injury claim. Injured people are focused on treatment and recovery initially. For example, every year, around 4,000 people suffer from spinal cord injuries after a car crash.
However, the experienced St. Petersburg personal injury attorneys at Roman Austin recommend that to preserve your right to seek compensation, you make sure to:
- ● Document evidence related to accident/injury
- ● Speak with a personal injury attorney as soon as possible after an accident
- ● File either a formal lawsuit or an intent-to-sue notice before the statute of limitations expires
Sometimes insurance claims drag on past the expiration of the statute of limitations. However, you need to file a claim or lawsuit to avoid having your case dismissed later on technical grounds. An experienced personal injury lawyer can advise you on the timeline and make sure your interests are protected.
When the Clock Can Be Paused
The statute of limitations may be paused or extended in certain situations. This provides more time for an injured person to file a legitimate claim. Reasons the statute of limitations may be extended include the discovery rule, mental incompetence, death, fraud, and absence from the state.
The statute of limitations is designed to encourage prompt legal action. But injured people should not feel rushed into an unsatisfactory settlement either. Speak to a qualified personal injury lawyer as soon as possible so they can help build your claim and preserve your right to seek the maximum compensation allowed under Florida law.
