When is it Too Late to File a Personal Injury Lawsuit? Statute of Limitations Explained

If you’re injured in an accident due to someone else’s negligence, your priority is usually not the deadline for filing a compensation claim. However, this is something that you do need to keep in mind because you do not have an endless amount of time to file a claim against the negligent party. This is better known as a statute of limitations.

State laws, known as statutes of limitations, set time limits for individuals to take legal action after an accident. They ensure that legal issues are resolved fairly and promptly.

When this window closes, you could be out of luck. This time frame is not just a random number; it aims to preserve valuable evidence and keep all witness statements fresh, preventing their memories from fading as time goes on. These time constraints help prevent unfair delays in personal injury or wrongful death cases for everyone involved.

Statute of Limitations for Personal Injury Cases in Florida

Most personal injury claims must be filed within two years of the incident. This deadline is applicable in the following situations:

Deadlines for Florida Medical Malpractice Claims

Florida law also mandates a two-year statute of limitations for medical malpractice lawsuits. The date of the injury or death usually marks the start of this two-year term.

Medical malpractice deadlines typically start from the injury date or when it should have been discovered. If the injury is not found right away, the statute of limitations can be extended, but not beyond four years from the incident, regardless of discovery.

There are exceptions to this rule, especially when it comes to babies or young children. Minors, or children under the age of 18, may have the statute of limitations for their injury claim paused in certain scenarios. When a delay occurs in identifying injury or harm to a child, such as birth injuries, the statute of limitations extends until the child turns 8 years old. However, if parents knew or should have known about an injury, then the two-year statute of limitations would apply.

Medical malpractice time frames and exceptions can be tricky. If you or your child has suffered harm due to medical malpractice, contact our Florida Medical Malpractice Lawyers at Whittel & Melton immediately.

When Does the Statute of Limitations Start?

In most personal injury cases, the statute of limitations begins on the day the injury occurs. If you sustain injuries in a car accident, you must file your injury claim within two years from the date of the crash.

In some cases, the statutes of limitations will not start or run until you have discovered the injury. Some accidents do not show injuries or harm right away, so the discovery of the injury triggers the start of the statute of limitations. The same is true for birth injury claims; it could take several years for injuries to develop after medical malpractice has occurred. Our Florida Birth Injury Lawyers at Whittel & Melton can walk you through the various deadlines that could apply to your claim.

For wrongful death claims, the statute of limitations starts on the date of the death, even if it is several days or weeks after the accident that caused the death. The wrongful death lawyers at Whittel & Melton guide you through filing a wrongful death claim in Florida and ensure you meet all deadlines.

Courts have the power to pause (also known as tolling) the statute of limitations in certain cases, including:

If the injured victim is a minor
If the injured victim has a mental illness or is incapacitated
If the defendant is no longer in the jurisdiction/cannot be located
If the victim’s injury is the result of sexual abuse

Get Help with Your Florida Personal Injury Claim

Knowing the statute of limitations is crucial for your personal injury case. If you or a loved one suffers an injury, seek legal help immediately. Strict deadlines apply to personal injury and wrongful death cases, so a Florida Injury Lawyer at Whittel & Melton can help you take the proper steps at the right time.

Call us today at 866-608-5529 or contact us online for a free consultation.

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