Every state has a law that covers how long you have to file a civil lawsuit against a company or person that may be liable (legally responsible) for your injury and it is called the ‘statute of limitations.’ The statute that points to that limited window of time is usually referred to as the Statute of Limitations.
In many states including Florida, there are different deadlines for lawsuit filing, depending on the type of harm that is suffered. For instance, Florida has a different statute of limitations that applies to cases that involve medical malpractice injuries or wrongful death cases, as opposed to personal injuries.
Under Florida’s statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida’s civil courts (this law can be found in Florida Statute 95.11(3)). If you don’t file your case within this time window, the court will very likely refuse to hear it at all.
It is important to remember this time limit if you plan to sue because the consequences of letting it pass can be significant. The statute of limitations tells you the amount of time that you have the right to sue. Once that specified amount of time has gone by, you will likely no longer rightfully file a lawsuit, and courts will probably refuse to see your case.
The reasoning behind keeping a limited time window for victims to file a lawsuit is based in part on the idea that you will not let that time run out if you are serious about your injury. In a way, a state’s statute of limitations helps to prevent backlogging of cases by setting a window that will be surely used by those who are motivated to sue in order to hold negligent parties responsible.
To learn more about the statute of limitations and how long you have to file suit in your case, contact an attorney as soon as possible. We offer free consultations where an attorney can discuss your legal options with you. Call 813.755.9500 or fill out and submit the online form to get yours today.
What is Florida’s Deadline For Filing A Lawsuit?
According to Florida’s statute of limitations (Fla. Stat. 95.11(3)(a)) for personal injury cases, the time limit for filing a lawsuit is four years. That means that you have four years from the date of the accident to sue in civil court.
This is where hiring a personal injury lawyer can help you with your case, depending on how much time has passed. They can help you understand how the statute of limitations may affect your lawsuit and also take over the process of filing the right legal documents at the right time.
This limited deadline to file suit applies to a variety of victims who get hurt in accidents: bicyclists, motorcyclists, drivers, pedestrians, and even car passengers. There is also a simultaneous four-year window from the date of the accident that applies to filing damage or total loss claim for your vehicle. For more details, it is best to see an experienced attorney who handles accident cases.
What If I Didn’t Know About My Injury Until Later?
Maybe you were hurt in an accident, but you didn’t feel the effects of your injury until some time had passed. In cases where there is a delayed discovery that harm had occurred, when does the clock for the statute of limitations officially start to run?
The answer is it depends. In some instances, the start date may be considered to be the date of discovery, but in Florida, there are some other rules and exceptions that can apply. The best way to know for sure whether you can sue well within the time limits set by the statute of limitations is to meet with an experienced injury attorney to discuss your accident and the nature of your injury.
When Is the Best Time To Contact An Experienced Florida Accident Attorney
A crucial point to remember when it comes to the statute of limitations for your accident injury is that waiting too long could destroy your chance to get compensated. In the interest of preserving your right to sue–and sue with the right legal guidance–you may want to hire an attorney with experience as soon as possible.
If you are confused about how long you have to sue or you’re unsure about how an attorney can help, call Tampa Auto Accident attorney can meet with you for a case review at absolutely no cost. We have years of experience handling injury cases and helping injured victims recover.
Our staff and attorneys are standing ready to help you too. Contact us 24/7 online or by calling our office at 813.755.9500.
