How Florida’s Statute of Limitations Impacts Personal Injury Claims

How Florida's Statute of Limitations Impacts Personal Injury Claims

When someone is injured due to the negligence or wrongdoing of another, they may be able to file a personal injury claim in Florida. Such claims can provide important financial relief for the victim, but there are time limits on when the claim can be filed.

In Florida, these time limits are set by the statute of limitations laws, which determine how long an injured party has to take legal action for their injuries. Potential individuals who wish to file a claim must understand these timelines, as missing them could mean one’s right to obtain compensation is lost forever.

This article will examine these statutes of limitations, how they have changed, and why they are so important in personal injury claims in Florida.

What Is the Statute of Limitations for Personal Injury in Florida?

In Florida, the statute of limitations for personal injury claims depends on the type of claim. Generally, claimants now have a two-year window to pursue legal action and sometimes five years.

According to the Florida Statute of Limitations, victims are given limited time to file a lawsuit and seek justice from those who acted negligently. If these deadlines are not met, those filing a claim may be unable to seek compensation for their injuries and losses.

The various types of personal injury claims that fall under this period include medical malpractice, product liability, wrongful death cases, and car accidents. In order to ensure that victims can maximize their chances of receiving fair compensation for their damages, any legal proceedings must be initiated as soon as possible after an incident has occurred.

Changes Made To Florida’s Statute Of Limitations Law

A personal injury lawsuit based on a car accident must be filed within 2 years of the accident occurring to remain valid. In 2023, this limitation was reduced from 4 years to 2 years; therefore, anyone who suffered damages in an accident before 2023 still has 4 years from the accident date to file a suit.

Filing a suit beyond these time restrictions can result in the case being barred from the court and not considered for adjudication. It is important for individuals who have been injured in an accident to seek legal counsel as soon as possible so that there is adequate time to prepare their case and ensure that all filing deadlines are met. With these new time frames in place, it helps to have a serious personal injury lawyer on your side. Luckily, Meldon Law Firm’s personal injury attorneys will fight for you, no matter the time you have.

How Does This Impact Personal Injury Claims?

Implementing a reduced statute of limitations can be detrimental to victims seeking compensation for damages. It obstructs their ability to fully access justice by providing insufficient time for discovery and investigation, hindering access to necessary legal representation, and restricting the recovery period.

Here are some of the specific reasons why personal injury claims are impacted.

  • Victims may have insufficient time to research their case, collect evidence and bring the negligent party to justice.
  • Legal experts may become more selective in accepting cases due to the shortened statute of limitations, making it harder for victims to secure representation.
  • The limited time frame might not provide adequate time for injuries to heal or for victims to properly assess the full extent of their losses.
  • Reduced access to legal help and restricted opportunities for investigation could leave some injured individuals unable to file a lawsuit within the two-year period, thus hindering their chance to obtain compensation and justice.
  • A truncated timeline leaves less room for evidence gathering, expert analysis, and negotiations with the at-fault party, which might result in victims receiving only a fraction of what they deserve.

Don’t Waste More Time; File a Claim Today

If you’ve been injured in Florida, it’s important to consult an experienced attorney who understands the nuances of the state’s statute of limitations and how they work. An experienced lawyer can help you determine which statute applies and provide guidance on how best to proceed with your case.

Acting quickly is critical because missing a filing deadline could mean foregoing your right to recover financial compensation. Contact an experienced Florida personal injury attorney today to ensure that your legal rights are protected and that you have sufficient time to file your personal injury claim.

The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of The World Financial Review.