How Long Do I Have To File A Personal Injury Lawsuit?

If you are injured in a car accident, a slip and fall accident, a dog bite, or another incident caused by someone else’s negligence, you have a certain amount of time to seek compensation through the Florida courts.

Florida’s statute of limitations on personal injury lawsuits is generally two years.

This means that, within 24 months of your injury, you must:

• Gather evidence that demonstrates a potential defendant’s responsibility for your injuries
• Fully document your injuries and losses, which requires your medical recovery to be complete
• Identify insurance companies that may be legally required to cover your losses
• Notify insurers of your claim and attempt to negotiate to resolve the claim
• Write and file a personal injury lawsuit if the insurer is unwilling to agree to a fair settlement.

If insurers or others don’t cooperate, it can take longer than you may expect.

If you might have a personal injury claim in Florida, you need to speak with an experienced personal injury attorney as soon as possible about your accident. In Palm Coast, Florida, Chiumento Law, PLLC, has been helping accident victims in Volusia and Flagler counties seek just compensation since 1973. Contact us at (386) 445-8900 or online.

What Is a Statute of Limitations?

A statute of limitations sets a deadline for taking legal action, such as filing a lawsuit. A statute of limitations is meant to ensure that cases are heard within a reasonable amount of time. This is so that evidence and witness testimony are still available and so potential defendants do not have lingering issues hanging over their heads.

If you file a legal claim after the deadline established by the statute of limitations has expired, the court may not allow it. Most statutes have exceptions, particularly if there are reasons the injured individual is unable to act.

Statutes of limitations are state laws and they vary.

Florida Statute of Limitations on Personal Injury Lawsuits

Personal injury claims are brought in Florida’s civil justice system and are intended to compensate victims of accidents caused by someone else’s negligence, carelessness, or recklessness.

For most personal injury claims in Florida that involve bodily injuries, the statute of limitations for filing a lawsuit is two years from the date of the injury.

There are some exceptions:

• If the defendant is a government entity, you may have as little as six months to file a notice of complaint with them and three years to file a personal injury lawsuit.
• If you cannot pursue a legal claim because of your injuries, you may be able to get a filing deadline extension and have up to seven years to file a claim.
• You may be able to pause the clock while you attempt to locate a defendant who has fled or concealed their identity.
• For someone injured while under age 18, the statute of limitations may be extended to seven years.
• Florida has eliminated the statute of limitations on child sexual abuse claims.

Contact a Palm Coast Personal Injury Lawyer About Your Claim Today

If you have suffered a serious injury that may have been someone else’s fault, it is best to consult a Palm Coast personal injury lawyer as soon as possible. A delay could be costly.

Our attorneys have been helping Florida residents obtain compensation for their losses for more than 50 years. We have the experience, skills, and resources to seek the compensation you deserve. Contact us today online or at (386) 445-8900 to set up a free initial consultation.