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Florida Personal Injury Statute of Limitations

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Florida Personal Injury Statute of Limitations, law books with the word statutes on them

If you have been injured in an accident, you may be entitled to compensation. However, it is important to understand the Florida personal injury statute of limitations, as there is a limited amount of time that you have to file a claim.

At The Fran Haasch Law Group, we have years of experience helping accident victims recover compensation before their statute of limitations period is over. Contact us for a free case evaluation today.

What is a Personal Injury Lawsuit?

A personal injury lawsuit is a civil case filed by an injured person against the person or entity responsible for their injuries. The purpose of filing a personal injury lawsuit is to recover damages for your injuries.

Why Does a Statute of Limitations Exist?

The statute of limitations exists to protect defendants from having to defend themselves against claims that are too old. Over time, evidence can be lost or destroyed, witnesses may move or die, and memories fade. It is important to act quickly if you have been injured in an accident for these reasons.

Florida Statute of Limitations for Personal Injury Lawsuits

If you have been injured in an accident, it is important to understand the Florida personal injury statutes and how they may affect your case. If you wait too long to file a claim, you may be barred from recovering any compensation.

The statute of limitations is the amount of time you have to file a lawsuit after an accident. In Florida, the general statute of limitations for most personal injury claims is four years from the accident date. This means that you have four years from the date of the accident to file a lawsuit against the person or entity responsible for your injuries.

Medical Malpractice Statute of Limitations

There are some exceptions to this general rule. For example, the statute of limitations for medical malpractice cases is only two years from the date of the injury or from the date that you discovered (or should have discovered) the injury. If you do not file your claim within this time frame, you will likely be barred from recovering any compensation.

Wrongful Death Statute of Limitations

There is also a specific statute of limitations for wrongful death claims in Florida. Under Florida law, a wrongful death claim must be filed within two years of the date of death. If the claim is not filed within this time frame, it will likely be barred.

Premises Liability Statute of Limitations

Premises liability claims are those in which you are injured on someone else’s property due to their negligence. In Florida, the statute of limitations for premises liability claims is four years from the date of the injury.

Exceptions to the Rule

There are a few exceptions to the general four-year statute of limitations. If a government entity injured you, you only have three years to file a claim. If you are suing for defamation, you have two years from the date of publication. And if you are suing for fraud, the statute of limitations is four years from the date of discovery or eight years from the date of the fraudulent act, whichever is earlier.

How Does the Statute of Limitations Affect Florida Personal Injury Lawsuits?

If you have been injured in an accident, it is important to act quickly and consult with an experienced personal injury attorney as soon as possible. An experienced attorney can help you understand the statute of limitations and how it may affect your case. An attorney can also help you gather evidence and build a strong case to maximize your chances of recovering the compensation you deserve.

What If I Miss the Deadline?

If you miss the deadline to file your personal injury claim, you will likely be barred from pursuing any compensation for your injuries. This is why it is so important to understand the statute of limitations and take action quickly if you have been injured in an accident.

Types of Personal Injury Cases

There are many different types of personal injury cases, including but not limited to:

If you have been injured in any type of accident, it is important to speak to an experienced personal injury attorney as soon as possible.

Statute of Limitations for Car Accident Claims

In Florida, you have four years from the car accident date to file a lawsuit against the person or entity responsible for your injuries. If you do not file your claim within this time frame, you will likely be barred from recovering any compensation.

Florida No-Fault Car Insurance Rules

If you have been injured in a car accident, it is important to understand Florida’s no-fault insurance rules. These rules require each driver to carry personal injury protection (PIP) insurance. This type of insurance will cover your medical bills and lost wages up to a certain amount, regardless of who was at fault for the accident.

PIP insurance does have some limitations, however. It will not cover pain and suffering or other non-economic damages. And, if your medical bills exceed the amount of coverage you have, you will be responsible for paying the remainder out of your own pocket.

This is why it is so important to have adequate car insurance coverage. If you have been injured in an accident and your medical bills exceed your PIP coverage, you could be facing a significant financial burden.

How Can an Attorney Help?

An experienced personal injury attorney can help you navigate the no-fault insurance system and recover your deserved compensation. If your medical bills exceed your PIP coverage, an attorney can help you recover the additional compensation you need to cover your expenses.

An attorney can also help if you are facing other challenges, such as a denied insurance claim or a low settlement offer from the insurance company.

Dog Bite Statute of Limitations

The statute of limitations for dog bite claims is four years in Florida. This means that you have four years from the date of the attack to file a lawsuit against the dog’s owner. If you do not take action within this time frame, you will likely be barred from recovering any compensation for your injuries.

“Strict” Liability for Dog Bite/Attack Cases

In Florida, dog owners are “strictly liable” for damages caused by their dogs. This means that if you are bitten or attacked by a dog, the owner is automatically liable for your injuries, regardless of whether or not they knew the dog was dangerous.

There are a few exceptions to this rule. If you were trespassing on the owner’s property, or if you provoked the dog, you may not be able to recover damages.

If a dog has injured you, it is important to speak to an experienced personal injury attorney as soon as possible. An attorney can help you understand your legal rights and options.

What Should I Do If I Have Been Injured in an Accident?

If you have been injured in an accident, you should first seek medical attention. It is important to get a full evaluation from a doctor, even if you do not think you are seriously injured. Once you have seen a doctor, you should then contact an experienced personal injury attorney.

An experienced personal injury attorney will be able to review the facts of your case and help you understand your legal rights and options. If you have been injured in an accident, do not wait to contact an attorney, as the statute of limitations will begin to run from the date of the accident.

How Do I Know If I Should Pursue a Claim?

If you are injured in an accident due to someone else’s negligence, you should pursue a claim. By doing so, you may be able to recover damages for your medical expenses, lost wages, pain and suffering, and more.

How Can a Florida Personal Injury Lawyer Help Me?

A Florida personal injury attorney can help you in many ways. An attorney can review the facts of your case and help you understand your legal rights and options. Additionally, an attorney can negotiate with the insurance company on your behalf to get you the full amount of compensation you deserve.

Florida’s Comparative Negligence Rule

In Florida, if you are found to be even partially at fault for an accident, you may have your damages reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but found to be 20% at fault, your damages will be reduced to $80,000.

This is why it is so important to have an experienced personal injury attorney on your side. An attorney can help you understand the comparative negligence rule and how it may affect your case.

How to Prove Fault in a Personal Injury Claim

To prove fault in a personal injury claim, you must show that the other party owed you a duty of care, breached that duty and that their breach caused your injuries.

You can establish fault with:

  • Eyewitness testimony
  • Video footage
  • Police reports
  • Photos of the accident scene

Your lawyer may also ask for your medical records and bills.

Damages You Can Recover in a Florida Personal Injury Lawsuit

The types of damages you can recover in a personal injury claim will depend on the facts of your case. Generally, you can recover economic and non-economic damages.

Economic damages have a specific monetary value, such as medical bills and lost wages. Non-economic damages do not have a specific monetary value, such as pain and suffering and emotional distress.

In some cases, you may also be able to recover punitive damages. Punitive damages are designed to punish the at-fault party for their negligence and deter them from engaging in similar behavior in the future.

Should I Talk to the Insurance Company If There is Plenty of Time on the Statute of Limitations?

There are risks in talking to the insurance company even if there is plenty of time on the statute of limitations. The insurance company may try to get you to settle your claim for less than it is worth.

Additionally, anything you say to the insurance adjuster can be used against you later. This is why it is important to have an experienced personal injury attorney on your side. An attorney can handle all communications with the insurance company and negotiate on your behalf to get you the full amount of compensation you deserve.

Contact the Florida Personal Injury Attorneys at The Fran Haasch Law Group Today

At The Fran Haasch Law Group, our experienced personal injury attorneys can help you navigate the legal process and ensure that your claim is filed within the applicable limitations. We understand the importance of the attorney-client relationship and will take quick action for your case.

If you feel you have been the victim of an accident through no fault of your own. Our attorneys are prepared to help you navigate the legal process and work toward securing the maximum compensation you are owed. Call (727) 727-8191 or contact us online to get started on receiving maximum compensation for your personal injury case. 

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