If you or one of your loved ones has been seriously injured and you plan to file a lawsuit to claim damages, it’s vital that you know and understand the Florida Statutes of Limitations for filing a personal injury lawsuit. As always, we encourage that you first seek the proper medical attention for the injuries, as your health truly is the most important thing. Once you’re stable, it’s crucial that you decide what legal action you wish to take and to begin that process as soon as possible.
Statues of Limitations vary based on federal and state laws. Here in Florida, we have set limitations for filing personal injury lawsuits based on the type of claim being filed. While the statutes may seem very straightforward, there are exceptions and other legal mandates that could also affect the amount of time you have to bring a suit in your case.
- Personal Injury Cases: The majority of cases that are caused by negligence fall under personal injury law, these include auto accidents, boating accidents, and slip and fall lawsuits. The general limitations to file suit in these types of cases are 48 months. You have 48 months from the day of injury (or a reasonable consideration of time in that you would have found the injury) to file your suit.
- Medical Malpractice: The Statute of Limitations for filing a medical malpractice lawsuit in the State of Florida is normally two (2) years. If you are beyond two (2) years you may be able to pursue a claim; however please make sure you speak with an attorney about your situation immediately.
- Wrongful Death: Those seeking to file a Wrongful Death Claim in the state of Florida have two (2) years from the date of death to file their suit. This means that if you believe that your loved one’s passing was caused by the negligence or recklessness of someone else, you must file within two years of their anniversary of a death, otherwise, you may be unable to recover the compensation from the suite.
Filing your case within the statutes of limitations is a vital component in achieving a favorable outcome for your case. Beyond the limitations, we advise that you always take swift legal actions, by at the very least consulting with your attorney. Even though you may legally have four years to file your claim, waiting too long can detrimentally compromise your attorney’s ability to build the strongest case possible. In certain cases, it’s critical to investigate the scene of the accident, as time passes evidence to support your claim can be lost.
Once you’ve sought the appropriate medical attention, schedule a consultation with your attorney to help you evaluate your legal options in the matter.
