Injured individuals in Florida deserve compensation if someone negligently causes an accident or contributes to their pain and suffering. But compensation isn’t automatic, usually following a lawsuit or lengthy negotiation period. In addition, just because someone suffers an injury does not entitle them to compensation if they wait too long to bring a case. This is known as a statute of limitation, and it’s one aspect that might impact the ability of injured Floridians to recover following an accident. Let’s look at Florida’s personal injury timeframes and see what Floridians should do to succeed in their personal injury suits. Remember – don’t wait to speak to an attorney – they can advise you as to when is best to file your case.
Are All Statutes of Limitations the Same?
Not all personal injury cases in Florida follow the same statute of limitations. Florida updated its laws in 2023, and now most negligence-based claims, such as car accidents and slip-and-falls, have a two-year statute of limitations. However, exceptions exist that can help in certain situations. For example, medical malpractice cases follow a similar two-year statute of limitations, starting from the discovery of the incident, which is not always immediately after medical treatment. And even though this adds additional time to bring a case, the total time from incident to personal injury lawsuit cannot exceed four years. Similar extensions apply if the person who injured you in an accident is unknown.
Personal injury lawsuits focusing on the most common negligence-based accidents, like car accidents, make up the overwhelming majority of cases. Still, Probinsky & Cole can quickly explain your options following any type of accident once learning more about your case. Regardless of specific timeframe limitations, the fact remains that your odds of success improve when you meet with attorneys as soon as possible after an accident.
Are Statutes of Limitations Final?
Florida courts will almost always dismiss a personal injury case falling outside the state’s specified statute of limitations. This doesn’t mean the case doesn’t have merit, but it highlights the important fact that statutes of limitations keep the process fair for everyone involved. Evidence can get lost over the years, and limited timeframes for civil action allow involved parties to move on after accidents.
Defendants and insurance companies will also use an expired statute as a strong defense, leaving little room for negotiation. Exceptions exist, but they are rare. As mentioned, the “discovery rule” may apply when an injury is not immediately apparent, with the clock beginning to tick after the fact.
Even more exceptions exist, especially in cases involving minors or incapacitated individuals. However, the general guidance is to always begin working on a case as soon as possible. If not, you never know what issues will arise that make completing and filing a personal injury lawsuit impossible within the given time frame. This is why it is important to file your case when your attorney advises.
Working with Florida Personal Injury Attorneys to File Your Case
Remember, if you have suffered an injury in a Florida accident due to someone else’s negligence, you should not concern yourself with the specifics of Florida’s statute of limitations. Instead, it’s better to begin building a case as soon as possible and ensure that your personal injury attorneys have enough time to build a strong argument and file your case. Most personal injury cases end before reaching the courtroom, so attorneys need ample time to negotiate with insurance companies and prepare for future court appearances if both sides disagree. Waiting until the last minute means a weaker case and less compensation in most cases.
If you still have questions about your compensation options, Probinsky & Cole can help. Contact our experienced personal injury attorneys, schedule your free consultation, and file your case well before the statute of limitations threatens your compensation options.
