When does the Florida Statute of Limitations Begin?Tampa Bay Legal News
If you were injured in an unintentional injury accident in Florida taking action quickly to determine if you have the right to file a claim for compensation is critical. This is because you are only given a certain amount of time to take legal action, and if you do not do so during this allotted time, you will be unable to obtain the compensation you need.
Florida is a no-fault insurance state. This means in some situations you would use your own insurance for payment for your damages and in other, more catastrophic situations, you would file a claim against the negligent party that caused your accident and damages.
Figuring out how to navigate Florida’s tort laws and doing so successfully to obtain compensation for losses can be confusing and time-consuming. It is essential that things are done right, and that established procedure is followed. Having assistance when filing a claim can make a big difference in the outcome. For help with a personal injury claim in Florida, the Tampa personal injury attorneys at Fulgencio Law welcome you to connect and discuss your case.
What is the Time Limit for Filing a Personal Injury Claim in Florida
The type of injury accident you experienced will generally dictate how long you have to file a claim. For example, consider the following statutes of limitations in Florida:
- Personal injury (car accidents, slip and fall incidents, bicycle accidents, wrongful death incidents, etc.) will allow a victim four years from the date the incident took place.
- Medical malpractice and workers’ compensation claims are given two years to file a claim from when the incident took place.
Simply put, and as mentioned above, the clock starts ticking right after the accident happens. So if you do not take legal action quickly after your injury accident, then you are chipping away at the time you have to build a robust claim and get the full amount of compensation you need for your losses.
There are exceptions, though. For instance, if you were harmed but did not know it until a later date, it may be possible to have the statute of limitations start on the date you realized your harm.
A good example here would be medical malpractice. You may have a procedure done and be harmed but do not come to know this until much later on, down the line. Let’s say you had surgery and a medical tool was left inside of your body. You may not know it until you start healing and then start to develop certain symptoms. After seeing a doctor to determine why you are not feeling well, it may be discovered that you have a tool in your body. At this point, you would be able to file a suit and the statute of limitations would begin.
Finally, a statute of limitations may be paused for a period of time if some unforeseen circumstances come about that the plaintiff had no power to prevent such as would be the case with a natural disaster.
Speak with an Attorney at Fulgencio Law Today
The bottom line is that while there are situations where a statute of limitations may be paused or prolonged, most cases will only have a limited time to file a claim. An attorney can help with this process. Call Fulgencio Law today to schedule a free consultation to discuss your case by calling (813) 463-0123.