Anyone wanting to pursue some form of legal action against another party in Florida will be subject to the statute of limitations affecting their case. This is a specified timeframe one has to file their complaint with the court. In civil matters, it’s the victim’s responsibility to meet this deadline, unlike prosecutors in criminal actions.
Many personal injury victims have at least two years to file against the negligent party in Lake County, but this isn’t that large of a timeframe as you might think. However, it can take time to get the necessary evidence for your case, and you may need to reach your maximum medical improvement before filing a suit. This is why you need to retain a seasoned accident attorney at Jordan Law sooner than later.
Will the Circumstances of My Case Affect the “Statute of Limitations” to File?
In short, yes. The purpose of these filing deadlines is to ensure that negligence claims involving injuries are pursued in a reasonable amount of time. As time passes since you were hurt, it gets harder to locate and preserve evidence to support your damages claim against the at-fault party. Those who fail to meet this deadline typically lose their right to sue. Under limited circumstances, a court may allow a case to go forward after the statute of limitations has expired.
Below is a quick overview of the statute of limitations for certain types of compensation cases in the Sunshine State:
Wrongful death: 2 Years
Personal injury suits: 4 Years
Medical malpractice suits: 2 Years
Assault and battery: 2 Years
Product liability claims: 2 – 4 Years
Other Factors That Can Impact Your Deadline for Filing a Personal Injury Suit
Again, additional time limits can shorten or extend a statute of limitations, but this is case-specific.
Date of injury
Most personal injury cases will have a statute of limitation that starts on the date you got hurt. This could be the day you fell in that hole you couldn’t see in your neighbor’s yard or when a driver ran a red light and t-boned your vehicle. Your date of injury could also be when you were diagnosed with an injury that stems from an accident a long time ago. Circumstances like this usually involve having no idea you were injured or any way to reasonably know so. This falls under discovery which is discussed next.
As mentioned above, there are exceptions to a case’s statute of limitations when discovering an injury is involved. The discovery rule makes it possible to change when the time period for filing begins based on when you found out you suffered an accident injury. Again, this is only in situations where you couldn’t have reasonably known you were hurt. These situations frequently appear in medical malpractice cases, but there are occasions where delayed car accident injuries have qualified, too.
If you were a minor at the time of your accident, state law generally gives you seven years to pursue personal injury compensation.
Government Worker Negligence
It’s not uncommon for a government employee to be negligent and cause harm to others. Unfortunately, in situations where a government agency is liable for your injuries, like in a car accident involving a social worker, you may only have two or three years.
Get the Representation Your Personal Injury Claim Deserves
Jordan Law has represented individuals and their families whose lives were changed after a severe auto accident in Central Florida. As your legal counsel, we always make ourselves available to discuss your case and answer any questions or concerns you might have. Trust us to help you recover costly damages, including:
Pain and suffering
Diminished work capacity
Medical bills (current and future)
Transportation to medical appointments for your injuries
Permanent or Temporary disablement
Loss of consortium
Loss of enjoyment of life
If you’re unsure what insurance coverage will apply to your motor vehicle accident, the best thing to do is reach out to a skilled personal injury firm like Jordan Law to find out. We’ll perform a full investigation and assess what coverages the at-fault driver and your own policy provide for your injuries and related damages. So contact us today to schedule an initial consultation and learn more about what options you have for pursuing compensation in uninsured/underinsured accident situations.