How Long Do You Have to File a Florida Personal Injury Lawsuit?
If you’ve been injured in a Florida accident, your time to file a Florida personal injury lawsuit is limited! The longer you wait to seek legal representation and file a lawsuit, the more difficult it can be to uncover new evidence for your case. You could forfeit the right to sue if you wait too long to act. Moving quickly to pursue legal claims with the assistance of knowledgeable legal representation could benefit you, so don’t wait to seek help any longer!
What Is a Statute of Limitations?
Generally, a statute of limitations is a law that explains how much time you have to file a legal claim in court. Different types of claims have different statutes of limitations. People injured in accidents caused by others may have the right to file personal injury claims. If you were injured in Florida and think you need to file a personal injury claim, contact the Law Office of Cary Woods II immediately to learn about your rights!
What Is Florida’s Personal Injury Statute of Limitations?
In Florida, you have only two years to file a personal injury lawsuit in court. Prior to 2023 Florida law allowed for a four year state of limitations. Now the law states you must file within two years of the date of loss, or the date of the accident. With a shorter timeframe for filing a lawsuit, you can’t afford to wait around. We understand that you may think waiting to file is smart, but it could hurt your case. Insurance companies like to argue that due to time passing, your injuries came from something else or aren’t that serious. We recommend taking action right away to avoid insurance companies using these reasons!
The two-year limit to file a lawsuit starts running on the date of your injury. If you tried to file a personal injury lawsuit after the two years had passed, your lawsuit could be dismissed unless very narrow and unusual exceptions apply (for example, the statute of limitations could be different if your case involves a government entity). Dismissal of a lawsuit usually means that you can’t recover compensation for your injuries. Because you have only a limited time to seek compensation, don’t delay in finding a a lawyer to help you pursue your claim.
What Is a Personal Injury Lawsuit?
It’s important to understand your rights if you’ve been injured in an accident. When someone else caused your accident, you can file a personal injury lawsuit to seek compensation. “Personal injury” generally refers to a legal claim filed in civil court based on an injury to a victim because of someone else’s negligence, recklessness, or intentional acts. “Negligence” refers to a situation where someone fails to act with the same level of care that a reasonable person would have exercised in the same circumstances, and those actions led to someone else getting hurt. In other words, you got hurt because someone didn’t take the proper care and caused your accident.
A personal injury lawsuit starts when the victim of an accident files a complaint in court explaining why someone else didn’t take the proper care and should be held accountable for the harm they caused the victim. We highly recommend that you consult the Law Office of Cary Woods II immediately to assist you in preparing a proper legal complaint. Including vital and required legal information in your complaint helps your case get off to a strong start. For example, your attorney can investigate your accident to uncover evidence for the complaint that supports your claim for damages.
If you delay in getting a lawyer, it could hurt your case! Evidence might get lost or disappear. Witnesses’ memories may fade. As time passes, it could become harder to develop important facts that support your claim. And as mentioned above, the insurance company or others involved could use the passage of time against you. For example, they could argue that you have had subsequent injuries after your accident that contributed to your current medical condition. Or they could say that your injuries weren’t as serious as you claim.
In many personal injury cases, an insurance company gets involved because one of its policies may cover the accident. For example, business insurance could cover damages owed to a victim who slipped and fell at the business because an employee mopped the floor. At the Law Office of Cary Woods II, our attorney has in-depth experience representing the very same kinds of insurance companies that you could face in your personal injury lawsuit. He has the inside knowledge that can give you an edge as your case moves forward.
Case Scenario of How We Can Help
Consider the case of “Sue,” who slipped and fell down a staircase at a hotel. She broke her wrist, sprained her ankle, and hit her head during the fall. The hotel immediately offered to pay for Sue’s initial hospital visit to put a cast on her wrist. As a result, Sue did not consider suing the hotel for negligence. However, Sue had additional expenses that the hotel did not pay. Sue had to undergo physical therapy, she received medical attention for headaches caused by the fall, and she had to miss work. One week before the statute of limitations expired, Sue met with our office. We immediately filed a personal injury lawsuit, preserved her claims for compensation, and ultimately settled with the hotel’s insurance company for thousands of dollars more than was originally offered.
What Are My Next Steps After I’ve Been Injured?
Because you only have two years to file a Florida personal injury lawsuit, the time to start your legal case is now. Reach out to an attorney you can trust for a confidential consultation about your rights. Don’t wait to pursue an injury claim and risk running out the statute of limitations.
Are you injured in Florida and aren’t sure where to turn? Call the Law Office of Cary Woods II to find the right personal injury attorney. With a winning combination of deep insight into the giant companies our clients face and a commitment to superior client service, our Miami-based firm finds success for injured Florida clients. Don’t wait to learn about your rights – get your personal injury case started by working with us. You can schedule a free consultation with the Law Office of Cary Woods II by calling (786) 750-7872 or filling out our convenient contact form.
