When someone causes you to suffer injuries and financial loss due to their negligent actions or reckless behavior, you have the right to seek financial compensation for any losses you can document. The burden of proving those losses is on your shoulders. However, you also need to be able to act swiftly. How long do you have to file a personal injury claim in Florida?
Under the state’s laws, you have two years to file a lawsuit against the responsible party in most cases. However, some claims have shorter or longer time periods to make a claim and some claims require specific actions be taken in order to present a claim. A Davie personal injury attorney can assist with your case and analyzing the various factors involved with timely and properly submitting a claim.
The Statute of Limitations in Florida
The overarching requirement is to file a lawsuit within the Florida statute of limitations. There are several factors that play a role in calculating the deadline to file a lawsuit.
Most Personal Injury Claims
Florida law limits your right to seek compensation to no more than two years from the date of the accident. This means that you must file a lawsuit with the local court at least two years after the date of the accident. This timeframe applies to personal injury cases such as:
- Slip and fall accidents
- Premises liability claims
- Car accidents
- Motorcycle accidents
- Truck accidents
- Uber accidents
- Bicycle accidents
Most often, you will seek a settlement from the insurance company for the wrongdoer. If the insurance company refuses to pay you fairly, the next step is to file a lawsuit within that statute of limitations.
Medical Malpractice
If you are hurt in an accident in which a doctor, nurse, or hospital causes your injuries, you also have two years to file a lawsuit. However, before you can even file a lawsuit, you must follow the rigorous rules of Chapter 766 of the Florida Statutes, which includes providing formal notice of intent to file lawsuit, along with an affidavit from one or more qualified medical experts that complies with Florida Law. The defendant and its insurer have 90 days after receipt of notice to investigate the claim. Since a lawsuit cannot be filed during the investigative period, it is important to take steps to preserve your claim long before the statute of limitations expires.
Government Claims
Suing the Florida government or any city is a bit different. State, county and municipal governments are protected by Sovereign Immunity which means that they can only be sued under certain circumstances. Florida Statute 768.28 waives sovereign immunity for many negligence claims; however, it requires strict compliance with notice requirements and affords the government a six-month investigative period after notice is provided. Since failure to strictly comply with the rules, including providing all required information, as well as complying with the six-month investigative period before filing a lawsuit, it is important to contact an attorney long before the statute of limitations runs. Suing the United States of America or any of its agencies has also has its own set of rules which are very complicated but require strict compliance with federal laws on providing notice. Because these laws are complex, it is very important to consult an attorney who can assist with filing the claim correctly.
Wrongful Death
If your loved one lost their life as a result of the negligence of others, the close family members have two years from the date of the person’s death to seek a lawsuit against the at-fault parties. The family will need to file a lawsuit in a court of law against those involved.
Exceptions to the Statute of Limitations
There are some exceptions to the statute of limitations listed above. The most common relates to children under the age of 18 at the time of the accident. This statute of limitations is on hold until the child reaches the age of 18. At that time, they are given seven years from the date of the injury or the standard statute of limitations, whichever is longer, to file their case. Additionally, if you cannot serve papers to the person at fault because they are out of the state, this can also extend your statute of limitations.
Hire an Experienced Davie Personal Injury Attorney to Fight for Your Rights
You may seem to have a long time to file a personal injury claim in Florida. However, there is a lot of work to do before that. Set up a free consultation.