Understanding Statutes of Limitations in Personal Injury Cases in Florida

After a Florida accident, you have a lot to think about. Accident victims must worry about coping with their injuries, paying bills, missing work, and pursuing fair compensation for their injuries. Managing the legal processes involved in seeking compensation can be daunting. It may intimidate an individual into putting off the challenge until later.

Unfortunately, waiting too long to seek the money you deserve can backfire, leading to the loss of valuable evidence and an inability to file a personal injury lawsuit to recover compensation for your injuries. Understanding Florida’s statute of limitations on personal injury cases puts you in the best position to fight for what you deserve.

What Is the Statute of Limitations for Personal Injury in Florida?

A statute of limitations is a law that sets a time limit for bringing legal action against another party, such as filing a personal injury lawsuit. The exact time limit depends on the type of case and the specific jurisdiction. Each state sets its statute of limitations for specific civil actions and criminal violations.

Florida law has changed recently. Accident victims used to have four years to file a personal injury lawsuit seeking compensation for their injuries. But in March 2023, the Florida legislature passed a measure reducing the time victims have to file a lawsuit from four to two years. The new law means an individual has only two years from the accident date to file a personal injury case in Florida. Car accidents, slip-and-fall cases, and dog bites fall under the personal injury statute of limitations. The medical malpractice statute in Florida is generally also two years.

Failing to file a lawsuit by the legal deadline can have significant consequences. If you file a lawsuit after the two-year deadline, the opposing side can ask the court to dismiss the case, a request the court will most likely grant. The victim loses negotiating leverage and their day in court, meaning they have few to no options available for recovering maximum compensation for their injuries.

Special Rules and Exceptions in Florida

As with most rules, there are some exceptions, depending on the nature of the case. The court may extend the timeline in limited circumstances. The first exception involves the “discovery rule.” In most accident cases, the clock starts ticking on the accident date. The accident date is generally the date an individual knows that they got hurt due to the actions of another party. However, in cases where an individual does not know they’ve been hurt and there is no reasonable way they could have discovered they were injured, they may have more time to file a lawsuit.

Instead of the two-year clock starting on the date of injury, the clock starts on the date the individual discovered their injuries or the date they should have reasonably discovered them. The discovery rule often applies to medical malpractice situations where a patient may not know they’ve been hurt by a medical provider’s careless actions or substandard medical care.

Another exception involves the inability to serve the opposing party notice you intend to sue. In some instances, an at-fault party may attempt to flee the state or go into hiding to prevent an accident victim from serving them legal papers and suing. The court may pause the statute of limitations on a personal injury lawsuit when the opposing party is absent from the state of Florida, assumes a new name or identity the victim is unaware of, or goes into hiding while remaining in Florida.

Finally, individuals the court finds “insane” or legally disabled may have more time to file a personal injury lawsuit, but generally no more than seven years from the date of the accident.

Cases against government entities may have a different timeline and more stringent requirements.

How a Lawyer Helps Protect Your Timeline

Working with an experienced personal injury attorney is crucial for protecting your legal rights and filing your case on time. A Florida lawyer helps protect your ability to file a personal injury lawsuit by proactively managing your situation. Depending on the type of accident, your unique circumstances, and other factors, they can assess the statute of limitations that applies to your case and file the lawsuit within the appropriate timeframe.

One problem an accident victim may face is waiting to contact an attorney until it becomes clear they are getting nowhere with their insurance company or another party. Insurers and other entities know how Florida’s statute of limitations laws work. One tactic they may use to get a victim to settle is dragging out negotiations until the legal deadline to file a lawsuit passes. The victim has no negotiating leverage because they can’t threaten to file a lawsuit. The time for that has already passed. Getting an attorney involved early means they can prepare in advance in case settlement negotiations break down and a personal lawsuit becomes the best option for pursuing compensation.

Additionally, the sooner you contact a skilled attorney, the sooner they can get to investigate your case and collect and preserve vital evidence. Waiting too long to seek legal assistance doesn’t just impact your filing deadline. It can jeopardize your ability to gather the evidence needed to build a solid case for compensation.

Evidence can get lost or destroyed over time, and memories can fade. The longer you wait to pursue legal help, the more challenging it may be to gather the evidence necessary to prove liability and argue for maximum compensation for your injuries.

Get a Personal Injury Attorney on Your Side Today 

The deadline to sue in Florida approaches more quickly than most people think. To protect your legal rights and put yourself in the best position possible to recover the money you deserve after an accident, contact a personal injury attorney with Werner, Hoffman, Greig & Garcia. Our legal team offers guidance and support, helping you manage filing a case on time so you can focus on healing, not paperwork. Contact our office or call us today at 800-320-4537 to arrange to speak with an attorney for free.