Florida Statute of Limitations in Personal Injury
In Florida, the statute of limitations in personal injury cases is two years from the date of the accident. Once the two-year anniversary of your accident passes, it will be much more difficult, if not impossible, for you to convince the court to accept your case.
Our Florida personal injury lawyers can help you take all of the necessary steps to file your case within this deadline and pursue the financial compensation your family needs.
How to File a Personal Injury Case in Florida
After any sort of accident, your first step should be to get medical help. Even if you do not believe you were very badly injured, it is better to let a medical professional confirm this and provide whatever treatments you need to protect your health.
Once you take care of your injuries, you should immediately start to consider your legal rights. That could include calling our personal injury attorneys. It is our job to walk you through all of the steps required to file your case before the Florida statute of limitations in personal injury cases expires. This includes:
- Collecting evidence to prove that someone else’s negligence played a key role in your accident and subsequent injuries
- Writing a demand letter detailing how your accident happened and how much compensation you believe you deserve
- Sending the demand letter to the at-fault party and anyone representing them, including their insurance company
- Following up with the at-fault party if they do not reply within a reasonable period of time
What to Do After Filing Your Florida Personal Injury Case
After you send the demand letter, you will need to wait for the insurance company to respond. They might reply by:
- Offering a fair settlement right away
- Offering an inadequate settlement, which would require you to meet and negotiate with them for a better offer
- Refusing to accept that their client is liable for your injury or that they have a responsibility to pay you compensation
- Not sending any response at all
Negotiating a Settlement Versus Going to Court for a Personal Injury
Only in rare cases is the insurance company so cooperative as to offer exactly what you need right away. In most cases, you need to work harder to get the money you deserve. In this situation, your options are to:
- Negotiate a settlement: Our law firm can sit down with the insurance company’s representatives and try to convince them that you deserve the damages you have asked for. If they resist, we can show them concrete evidence—such as Florida Highway Patrol reports or medical records—that prove your case.
- Seek a jury award: This option involves taking your case to trial and working to persuade a jury of the at-fault party’s negligent behavior. If your case is strong enough, they will rule in your favor, and the at-fault party will have to pay whatever the jury tells them to.
Our Florida personal injury attorneys help clients in both situations. As long as you come to us before the statute of limitations expires, we can act quickly to preserve your right to damages.
Taking Legal Action Within Florida’s Statute of Limitations
Florida’s main statute of limitations for personal injury cases is found at Florida Statutes § 95.11. This law applies if your case involves a:
- Car accident
- Truck accident
- Motorcycle accident
- Pedestrian accident
- Premises liability accident
- Wrongful death
Exceptions to Florida’s Personal Injury Statute
There are a few personal injury cases that may fall under a different statute than the one cited above. For example, if a government employee or agency caused your accident, the deadline for notifying the liable party and filing your case works differently than it does in other situations.
In addition, there are rare cases where the court will allow someone to file their case even if the statute of limitations has already passed. To be granted such an exception, you would have to convince the court that you had a very good reason for missing the deadline.
The Dangers of Missing Florida’s Statute of Limitations
It is understandable if you have a lot on your mind following the accident. You should certainly take some time to receive medical care and to find the right personal injury lawyer to represent you.
At the same time, however, you cannot rely on the court’s good graces if you miss the deadline. In the vast majority of situations, missing the statute of limitations means giving up your right to compensation. No matter how badly you were injured or how much you need the money, you can only get that money by filing your case on time.
How You Can Meet the Personal Injury Statute of Limitations
The best way you can protect your right to financial compensation is by talking to various law firms in your area as soon as you can after receiving medical care. By doing this, you can:
- Get free case reviews from several firms, giving you a better idea of your case’s merits and which statute of limitations applies to your case
- Get a feel for the different personal injury law offices that serve your community, allowing you to decide which one you are most comfortable working with
- Ask plenty of legal questions and educate yourself about how each law firm works, what your legal options are, and what may happen during your case
Our personal injury legal team provides Floridians with all of the answers they need to make the right decisions. Once someone hires us, we act fast to make sure all of the paperwork is filed on time so that they maintain the right to a fair settlement or jury award.
Let Our Florida Personal Injury Attorneys Protect Your Rights Today
The Florida statute of limitations in personal injury cases gives you the right to seek financial compensation after a negligence-related accident, but only for a limited time. Call Meldon Law for a free consultation today. We want to educate you about the entire legal process, including filing deadlines, so you can make the right legal decisions for your family.
