Filing a Personal Injury Claim and Statute of Limitations

Tuesday, May 3, 2016

Florida statute of limitations

If you're injured due to someone else's negligence, there is a limit as to how long you have to file a lawsuit. This time limit is called the statute of limitations.  

What Is a Statute of Limitations?

Simply put, the statute of limitations is a time limit on filing a lawsuit. It starts from the date of the incident you might sue for and lasts for a period of time specified by state law. These times limits vary by state and based on the type of incident. In Florida, the statute of limitations for personal injury cases is typically four years. But for injuries that occur as a result of medical malpractice, it is two years. It is crucial that you are aware of this time frame. If the Statute of Limitations has expired and you have not filed a lawsuit to preserve your claim, you most likely will be barred from bringing that action.

When does the Statute of Limitations Start to Run?

The statute of limitations starts running at the time a claim accrues. Generally, this is the time when the injury was suffered. For example, if you were injured as a result of a car accident, it would be the date of the car accident.

Are There Exceptions to the Statute of Limitations?

Yes, but these are rare and do not apply to most cases.

How Does the Statute of Limitations Really Affect My Case?

A few years may sound like a really long time. It can be difficult to imagine how it is possible for the statute of limitations to lapse. But, personal injury actions can be complex and require time to resolve, even before it is necessary to file a lawsuit. Patients can treat with multiple physicians for months, even years. Negotiations with insurance companies can take months. So, it is possible for a statute of limitations to lapse during the course of an ongoing claim. It is very important to know the time limits from the very start. Consulting an expert as soon as possible will help to prevent a statute of limitations issue from jeopardizing your entire claim.

If you want to know how the statute of limitations applies to your claim, you should speak to a qualified attorney. You may call the Kissimmee personal injury attorneys at Draper Law Offices at 866.767.4711 for a free, no-obligation consultation.

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