You have probably already heard the term statute of limitations countless times on TV shows and movies. But do you know how to it affects your personal injury lawsuit? The statute of limitations varies from state to state, and Florida’s personal injury statute of limitations sets a strict deadline if you want to be compensated for the losses that resulted from the accident.
Dan Zohar is the leading Tampa personal injury attorney with more than thirty years of professional experience. One of the most questions plaintiffs bring up in free consultations is how much time they have to decide if they want to file a claim or a lawsuit. Here is everything you need to know.
The standard time limit for filing personal injury lawsuits in Florida is four years.
Florida Statutes Annotated section 95.11 states that the plaintiff has four years since the date of the accident to file the lawsuit. One important exception is if the plaintiff is suing a city, county, or state government – in which case the deadline is three years after the accident or the incident.
What happens if you miss the deadline?
If you happen to miss the deadline for filing the personal injury lawsuit in Tampa, Florida, it is almost certain that the court will dismiss the case, no matter how significant the damages or injuries were.
There are cases when the statute of limitations might be extended. For example, if you were involved in a car accident and the driver at fault was uninsured, the statute of limitations might extend to five years.
Certain types of personal injury claims have even shorter deadlines. For instance, the statute of limitations in Florida for a medical malpractice case is two years. This can be extended for additional two years if you are able to prove that you did not discover the injury right away.
Waiting can cost you more than you think.
While in some cases the deadline for filing the personal injury lawsuit is four years, it is best to address it right away for multiple reasons. First, you should consult a personal injury attorney as soon as possible to determine your options and the best course of action. Second, consider just how easier collecting evidence and witness testimonies is right after the incident.
The truth of the matter is that people make mistakes. Bills and receipts get lost, documentation misfiled, and facts are forgotten. Once you ensure your safety, you will probably want to forget about the incident altogether and move on. But as the bills and expenses keep piling up, you might quickly change your mind.
Schedule your free consultation today!
If you or anyone else you might know sustained injuries due to the negligence of others attorney Dan Zohar is here to help. Schedule your free consultation today by calling (800) 963-3311 toll-free and have all your questions or concerns answered by a leading personal injury attorney with more than thirty years of experience working on cases just like yours.