When you are suffering from the potentially devastating effects of an injury caused by another person’s neglect, it may seem like all you can do is simply try to recover as best and as quickly as possible. You may feel as if it isn’t necessary or that you don’t have enough time to pursue other options. Yet, when you realize how far reaching the effects of your injury may be and how exorbitant the associated costs can be, you may decide you want to pursue legal action against the responsible party. However, in some cases, it may be too late to file a personal injury claim if the statute of limitations has expired.
The effects of an injury may be more extensive and long-lasting than you are even aware of, but you don’t have to suffer through them alone. Contact our compassionate and highly skilled Fort Lauderdale personal injury lawyers of Winston Law Firm, at (954) 475-9666.
How Does It Affect My Case?
A statute of limitations* is the given time limit in which claims against another party can be filed. Once the claim is past the legal statute of limitations, you can no longer file for compensation for the damages done to you. In Florida, state law has the following statutes of limitations for personal injury cases:
- Medical malpractice – 2 years from the date on which the injury occurred
- Any negligence that causes injury – 2 years from date on which the injury is discovered. It is two years for those accident that occurred prior to March 24, 2023.
- Product liability – 2 years from the date of the injury. It is two years for those accident that occurred prior to March 24, 2023.
Specifically, lawsuit for general negligence must be filed within two years from the date of the accident. Wrongful death cases must be filed within two years. Suits for medical, legal, and other professional malpractice must be filed within two years. A suit for breach of an insurance policy must be filed within five years.
Cases against Florida state government entities, counties and cities must have a special notice letter sent to the entity and also, except as to any claim against a municipality, county, or the Florida Space Authority, to the Department of Financial Services within three years. Similarly, the Seminole Tribe of Florida must be sent notice within three years, and cruise lines within six months.
Furthermore, most cruise lines require lawsuits to be filed within one year of the date of accident. In addition, some insurance policies provide medical payments coverage above and beyond their liability coverage for bills submitted within a certain number of months after the accident. The deadline for this medical payment coverage is dictated by the policy language.
The determination of time limits applicable to your case is arrived at by a complex legal analysis which takes into account the facts and circumstances of each case. Therefore, if you intend to pursue your claim, you must take immediate steps to consult with counsel and obtain advice as to the time limits for presenting and/or filing your claim.
Filing a personal injury claim can be frustrating and confusing, but with the aid of a qualified Fort Lauderdale personal injury lawyer of Winston Law Firm, it doesn’t have to be. Call (954) 475-9666 to learn how we can help you in your time of need.