What Are The Time Limits For Filing A Personal Injury Claim?

Suffering a serious injury can lead to disability, loss of income, and in severe cases, death. If these injuries were due to someone else’s negligence, you deserve justified compensation. Under Florida’s personal injury laws, you have the right to sue the responsible party, but keep in mind, the window for this is limited.

Get in touch with Herman & Wells at (727) 821-3195 now to understand the specifics of your case, learn about the statute of limitations in Florida, and maximize your chances for a successful recovery.

Here’s an overview of common types of personal injury claims:

Auto accidents are among the most prevalent causes of personal injuries, often resulting from negligence, such as distracted driving or speeding. Victims can seek compensation for medical expenses, lost wages, and pain and suffering.

When healthcare professionals fail to provide the standard of care expected, resulting in harm or injury, it constitutes medical malpractice. These claims can be particularly complex, requiring deep legal and medical expertise.

Workplace accidents cover a broad spectrum, from slips and falls to exposure to hazardous materials. Workers’ compensation laws provide some protection, but in cases of negligence, additional legal action may be warranted.

If an injury is caused by a defective or unsafe product, you may have a claim under product liability law. This can include everything from consumer goods to pharmaceuticals.

The “statute of limitations” establishes a finite timeframe within which an individual can file a claim against those responsible for causing an injury. It ensures that legal proceedings are initiated in a timely manner, preventing the potential loss of evidence. These timeframes can vary in the state of Florida based on factors such as the nature of the claim, the parties involved, and the victim’s age.

As of 2023, Florida has instituted new regulations surrounding their statute of limitations specifically for personal injury cases. This critical change affects anyone seeking reparation for injuries sustained due to the negligence or intentional misconduct of others.

In March 2023, Florida’s personal injury law changed significantly as Governor Ron DeSantis signed House Bill (HB) 837. The new law reduced the statute of limitations for personal injury claims from four years to two, requiring cases to be filed within two years of the incident.

• Auto Accidents: Anyone who suffers an injury due to a negligent driver has up to 2 years to seek personal injury claims. This also applies to motorcycle accidents and truck wrecks.
• Premises Liability: If you suffer an injury due to unsafe property conditions, there’s a 2-year window to file a claim against the property owner or tenant responsible for the premises.
• Wrongful Death: Family members can file a lawsuit seeking compensation for a death caused due to a wrongful act, negligence, or breach of contract, within 2 years of the death.
• Medical Malpractice: Victims of medical malpractice can file a lawsuit within 2 years from the date they discovered their injury. This includes injuries that didn’t manifest immediately after the medical mishap.
• Dog Bites: Victims of serious dog bites may sue the dog owner under strict liability, negligence, or intentional torts within a span of 2 years from the date of the incident.
• Product Liability: Anyone injured by a defective product can file a claim against the manufacturers within 2 years. This duration starts from the discovery of the injury or when it should’ve been discovered with due diligence.
• Assault and Battery: Victims of battery or assault have a 2-year time limit from the date of the incident to file a lawsuit.
• Workers’ Compensation: Workers’ compensation cases also have a 2-year statute of limitations from the date of the event.

In most situations, failing to file your case before the designated deadline could permanently bar your suit. Act swiftly and assure your rights aren’t lost in the sands of time.

The discovery rule is a crucial exception within Florida’s statute of limitations for personal injury claims. It permits the clock on the statute of limitations to start ticking not from the date of the incident but from the moment the injury was discovered or should have reasonably been discovered.

This provision is especially vital in cases where injuries or their full extent are not immediately apparent.

In many situations, the law offers specific exceptions to the statute of limitations, especially for minors and other unique cases. Here are a few key examples:

• Sexual Assault Claims: In cases where the victim is under 16, the usual filing deadline can exceptionally be extended.
• Wrongful Death Claims: Though it is generally mandated to file a lawsuit within two years from the date of the victim’s death, there are exceptions where the deadline can be extended if the defendant conceals the cause of death.
• Claims Against the Government: These have stricter rules and stringent deadlines. It is crucial to timely file the necessary paperwork, as a delay could result in the loss of the right to file a lawsuit.

These exceptions highlight the complexity of the legal system and the need to hire a personal injury lawyer at the very beginning of your claim.

Don’t delay in protecting your legal rights. Our seasoned attorneys at Herman & Wells are ready to analyze the details of your personal injury case and ensure it’s filed within the necessary timeframe.

With over 30 years of joint expertise in personal injury law, we are proficient in navigating the complex rules and deadlines. Reach out to us today at (727) 821-3195 and let us fight for the justice you deserve.