When you file a personal injury claim in Florida, it’s adviseable to act quickly to safeguard your rights. If you fail to file your claim within the statute of limitations, you risk losing the opportunity to hold negligent parties accountable and recover the compensation you need to get your life back on track. Please continue reading to learn the consequences of missing the filing deadline and how a seasoned Broward County Personal Injury Attorney can fight for you.  

How Long Do I Have to File a Personal Injury Claim in Florida? 

If you’ve been injured due to someone else’s negligence, it’s crucial to understand that before you can recover compensation for your damages, you must satisfy certain requirements. One of those requirements is filing your claim within the statute of limitations. This is essentially a strict deadline for pursuing legal action like an expiration date for your right to seek justice. 

In Florida, the statute of limitations for most personal injury claims is two years from the date of the injury. However, there are several exceptions to the statute of limiations that can “toll” (pause) or extend the time to pursue legal action. Key exceptions include:

  • The “Discovery Rule”: In some cases, such as fraud or certain types of personal injuries, the statute of limiation begins when the victim disocvers, or reasonably should have discovered the injury. 
  • Minor or Incapacity: If the plaintiff is under 18 or legally incapciteated, the clock won’t start ticking until they reach 18 or they are no longer incapacitated.
  • Medical Malpractice: If the death resulted from a healthcare professionals error or omission, the two year deadline will start from the date the incident was discovered or should ahv ebeen discovered (typically no longer than four years from the incident). 
  • Defendant’s Absence or Concealment: If the defendant leaves the state or hides to avoid service, the statute of limitations will be tolled. 

What Happens If You Miss the Deadline?

If you wait too long to file your claim, you will permnaenlty forfeit your right to hold the responsible party accountable, even if you have a valid claim. Failure to file your claim within the allotted timeframe will result in the absolute bar of recovery, leaving you liable for your own costs. Consulting a qualified attorney at The Finizio Law Group is in your best interest to ensure your claim is filed well before the deadline sneaks up on you. 

Furthermore, it’s important to note that prompt action also helps secure vital evidence and witness testimony before they disappear. Swift action also prevents insurance companies from using delays to undermine your claim. 

If you or someone you love has been injured due to anothe rparty’s negligence, it’s crucial to understand the time limit that applies to your case. Contact The Finizio Law Group today to seek the justice you deserve.