Personal injury lawsuits aren’t always quick, and preparation should ideally start soon after an accident. Most people know that a car accident or similar incident that injures them may warrant a lawsuit, but what happens if an injury occurs long after the accident? Delayed injuries are common, and injuries can remain missing or hidden even if you seek medical attention after the fact. Some people may also have simply delayed legal representation until after they recovered, thinking they have ample time to prepare for potential personal injury lawsuits in the future. Regardless of the exact situation, anyone injured in an accident who did not immediately discuss their situation with personal injury attorneys may be at risk of forfeiting compensation altogether. Losing your right to seek compensation simply because of statute of limitation issues can be devastating, so you should call your attorney right away.
How This Limitation Affects Your Case
A statute of limitations for personal injuries is a strict deadline set by law for filing a lawsuit following an injury or accident. Even for disastrous accidents, waiting too long to call your attorney and file doesn’t allow for good evidence preservation and timely closure of incidents. Simply put, it requires plaintiffs to act within a reasonable period to keep the judicial process fair and efficient for all involved.
Recent Florida law changes changed the filing period from four to two years for many situations. This reduction from the previous four-year period means that individuals must be even more vigilant about filing their claims promptly. This limit applies to a wide range of potential negligence-based cases, including motor vehicle accidents, slip-and-fall incidents, and other common personal injury claims.
Failing to file your injury claim within the allotted time period disallows you from seeking compensation. Once the period expires, you are barred from pursuing any legal action related to the incident, regardless of the severity of your injuries or the clarity of the defendant’s liability. Courts are not known to allow suits outside of this period unless extenuating circumstances apply. However, in certain situations, the statute of limitations may be paused, including if:
- The injury was not apparent or present initially, in which case the statute of limitations begins when it is discovered or reasonably should have been discovered.
- The injured party is a minor or incapacitated. The timer may be paused until they become an adult or regain the capacity to act.
- The subject of the suit attempts to conceal their identity to avoid a lawsuit, in which case extra time may be permitted to locate or identify them.
These are not clear-cut and blanket extensions. Even if you believe an exception applies to your situation, waiting to call your attorney isn’t a good idea. Never waste time if the clock is ticking, and never seek compensation without working with an experienced personal injury attorney in your area.
When the Statute of Limitations Is Almost Up: Call Your Attorney
When you realize that your case’s statute of limitations is approaching, your first and most critical step should be to consult with an experienced personal injury attorney. They can help you understand what to expect in your case and provide further information about the specific deadlines that apply to your situation. Even if you have a year or more to file, using your time to its fullest extent maximizes your chance of success.
If you have an extremely limited time frame, attorneys help prepare your case efficiently. Through experience, they know what documents you need, what witnesses can bolster your case, and how you can present this info in a persuasive way. If time is running short, negotiations with insurance companies are even more important than usual. Most cases don’t go to trial, but if the other side believes your case isn’t prepared, they may feel more comfortable fighting it out before a judge.
If there were valid reasons for delaying your claim, such as delayed symptoms or other extenuating circumstances, make sure to provide this documentation to your attorney or empower them to gather the evidence on your behalf. Instead of rushing to prepare a case, these valid extensions will give your attorney ample time to plan and execute a successful strategy to help secure compensation.
Realizing that the statute of limitations is almost up can be stressful, but taking immediate, decisive action (even if you aren’t sure about a potential case) can make all the difference. Contact Probinsky & Cole today if the statute of limitations is fast approaching or a previous accident suddenly resulted in a delayed injury. Our team can detail your options further in your initial consultation.
