Miami Personal Injury Lawyer Blog
If you or a loved one was recently hurt in an accident, one critical issue is the time restrictions imposed by law. In Florida, the personal injury statute of limitations governs how long you have to file a lawsuit, and it applies to most accident cases.
Missing the deadline can lead to harsh consequences, so you should reach out to a Miami personal injury attorney to preserve your rights. A summary will also help you understand how long you have to file a personal injury lawsuit in Florida.
What Happens If You Miss the Deadline to File a Personal Injury Lawsuit in Florida?
Generally, Florida law allows two years from the date of the injury to file a claim. Failing to comply with Florida’s statute of limitations can prevent you from recovering compensation. For instance:
- When you do not initiate a lawsuit by the time the statute of limitations expires, the insurance company will probably cut off all settlement discussions.
- If you still try to file a lawsuit after the deadline, the insurer will file a motion to dismiss, which the court will likely grant. You lose the right to seek damages.
However, certain exceptions may extend this timeframe.
When Does the Clock Start on the Florida Statute of Limitations?
The statute of limitations for a personal injury lawsuit in Florida typically begins on the date of the accident. However, if the injury was not immediately apparent, the clock may start on the date of discovery, when you first became aware of the harm. This rule often applies to cases involving medical malpractice or injuries with delayed symptoms. To ensure compliance with Florida’s legal deadlines, it is essential to take action as soon as possible.
Exceptions to Florida’s Personal Injury Lawsuit Deadline
Florida law provides certain exceptions to the standard two-year deadline.
- When a minor is injured in an accident, the clock pauses.
- If the injured party is mentally incapacitated, the statute of limitations may be extended.
- When a defendant leaves the state or conceals their identity, the filing deadline may be paused until they are found.
- In cases of wrongful death or injuries caused by government negligence, shorter deadlines may apply.
Why You Should Not Wait to File a Personal Injury Claim in Florida
Waiting too long to file a personal injury claim can jeopardize your case. Evidence deteriorates, witnesses forget details, and insurance companies may dispute liability if you delay legal action. Additionally, missing the filing deadline means losing your right to seek compensation for medical expenses, lost wages, and pain and suffering.
Contact Our Miami Personal Injury Lawyers Today
Two years may seem like a long time, but there are other reasons to get started on the legal process right away. The sooner you take action, the better your chances of gathering strong evidence and securing the compensation you deserve. The legal team at Gerson & Schwartz, PA is ready to help, so please call (305) 371-6000 or visit us online. We can schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
