When you have been injured in an accident, you could face an extended period of time recovering from those injured. This could lead to extensive medical bills and financial troubles. It is only right that you should be able to seek compensation for these losses.
It is crucial that when you have been injured by a negligent act of another person or business that you contact an attorney as soon as possible to protect your rights. Delaying speaking with a lawyer could prevent you from seeking compensation because of the Statute Limitations.
What Is The Statute of Limitations In Florida?
The Statute of Limitations is a set of laws that limits the time a person has to seek legal action against another person. These laws are found in both criminal and civil courts.
The Statute of Limitations are important laws that protect all the parties involved in legal action. When too much time elapses between an accident or event and going to court, evidence can be lost, memories skewed, and witnesses may have moved or passed away. To ensure that each side of the case has a fair trial, Florida limits the time you can bring a case before the court.
Florida Statutes of Limitations Personal Injury
Florida’s personal injury Statute of Limitations is different for different types of cases. This is one reason you should contact an attorney as soon as possible after an accident so that you do not miss your deadline to file a claim.
Vehicular Accidents – Including Pedestrian Accidents
The Statute of Limitations for personal injury in a vehicular accident is four years from the accident date. However, it should be understood that if PIP insurance is covering the accident, you only have 14 DAYS from the date of the accident to file for a claim.
If a death occurs due to a vehicular accident, the surviving family members have two years from the date of the death to file a compensation claim. Wrongful death does not have to occur at the scene of the accident. It can occur later but must be a direct result of the injuries received in the accident.
Florida Statue of Limitations Personal Injury – Medical Malpractice
Medical malpractice has different limitations than vehicular accidents. Under Florida law, if you have been injured due to medical malpractice, you have two years from the date that you discovered or should have known that you have been injured from your medical care.
In addition to the Statute of Limitations, the Statute of Repose also applies to medical malpractice suits. This law states that you have four years altogether to discover that your medical care has injured you. However, this time limit starts from the day that you received the medical care that caused you harm.
The only exception to these laws is if the malpractice occurred on a minor. The parents or guardians still only have two years to file a claim once they discover the malpractice. However, the law also allows the minor to be covered under the Statute of Repose for four additional years AFTER they turn 18.
Medical malpractice cases can become very confusing when you start looking at the Statutes of Limitations and Statute of Repose. You are encouraged to speak with an attorney as soon as possible after being injured to protect your rights to file a compensation claim.
Florida Statute of Limitations Personal Injury – Other Events
In most cases, such as workers’ compensation claims, animal attacks, and slip and fall accidents, all have a two-year time limit attached to them for filing a claim. The only real difference is that this two year period begins from the day the accident happened.
The personal injury Statute of Limitations in Florida is not something that can be overlooked or ignored. If you exceed the time limit for filing a claim, you will lose your right to seek compensation. The law does not make exceptions to these timelines.
To prevent any problems from arising due to the Statute of Limitations, contact a personal injury attorney as soon as possible after your accident. Your attorney can start the claim for compensation process immediately and prevent your case from being denied because it was not filed in time.