Miami Personal Injury Lawyer Blog
When you were hurt or lost a loved one in an accident, knowing the legal deadlines for filing a personal injury lawsuit in Florida is crucial. Getting a grasp on these time restrictions can help you protect your rights and secure compensation for your injuries. In short, Florida’s statute of limitations is two years. It applies to car, truck, and motorcycle crashes, pedestrian and bicycle collisions, slip and fall accidents, and related incidents.
With guidance from a Miami personal injury lawyer, you can feel confident that you will meet the statute of limitations and other relevant deadlines. It’s also helpful to review some answers to key questions about your deadlines.
What is the Statute of Limitations for Florida Personal Injury Cases?
In Florida, the statute of limitations for filing a personal injury lawsuit is generally two years, as measured from the date of the accident. This means you have two years to take legal action in court to seek compensation for your injuries, not including any settlement discussions with an insurance company.
However, in some cases, the deadline may be shorter, such as when a victim is injured by a government entity.
What Factors Could Impact the Statute of Limitations?
Several factors can impact the statute of limitations for personal injury cases in Florida. For example, if the injury involves a minor, such as your child, the statute of limitations may be extended. This is known as “tolling,” where the time limit may not start until the child reaches 18 years old.
Regardless of the two-year statute of limitations, it is still important to act promptly. Waiting could make it harder to gather evidence and secure witness testimony. Additionally, certain notice requirements may apply for medical malpractice and cases against the government.
What Happens if I Miss the Statute of Limitations?
If you try to file a lawsuit after the deadline has passed, the court will likely dismiss your case. You will lose the right to seek compensation for your injuries. It’s important to act quickly and consult a Florida personal injury lawyer as soon as possible to ensure you meet all necessary legal deadlines.
How Can I Preserve Evidence to Protect My Rights?
To strengthen your case, start gathering evidence immediately after the accident. Therefore:
· Take photos of the accident scene.
· Document your injuries.
· Keep and organize medical records.
· Collect contact information from witnesses.
By working with a personal injury attorney, you can also gain access to other important evidence. Surveillance footage and police reports may be critical in proving your case.
Discuss Your Legal Remedies with a Miami Personal Injury Attorney
If you were involved in an accident, Gerson & Schwartz, PA, is here to help. Our experienced personal injury attorneys are ready to fight for your family’s rights, so please go online or call (305) 371-6000 today. We can set up a free case review at our offices in Miami, Fort Lauderdale, and West Palm Beach, FL. Let us provide the legal support you need during this difficult time.
