Florida Personal Injury Statute of Limitations? Here’s What You Should Know08 Nov 2019, Posted by Personal Injury Lawyer Florida, Slip and Fall in
No matter whether you have been hurt in a car accident, a slip and fall, or another accident that causes you harm, if you want to pursue a personal injury lawsuit in Florida, you need to understand the Florida personal injury statute of limitations.
Want to learn more so that you can legally pursue your case? Keep reading for more details about the statute of limitations and the filing deadline.
The Florida Personal Injury Statute of Limitations
You can find the statute of limitations for personal injury cases in Florida in section 95.11(3)(a) of the Florida Statutes. In most cases, you have four years from the date of your accident to seek compensation. To do this, you will need to file a civil lawsuit.
The Filing Deadline
If you attempt to file your civil suit after four years have passed, the court will probably dismiss your case. When your case is dismissed, you will have lost your right to seek compensation for your injuries, even if they have affected your quality of life. You should also be aware that this statute of limitations does not only pertain to civil lawsuits. It also applies to any settlement negotiations with the person you file a claim against and their insurance.
In some cases, however, you might be entitled to an extension.
When You Might Get an Extension to the Florida Personal Injury Statute of Limitations
In a few situations, your case might be allowed to move forward after four years have passed from the date of the accident. In the Florida Statutes, the law lays out a few scenarios that will effectively extend the statute of limitations. In the following circumstances, the plaintiff could be allowed to move forward with a lawsuit:
- The person accused of negligence or of causing the accident left Florida before the injured party could file a lawsuit.
- The injured party was legally incapacitated after the accident but has since regained their mental abilities. Such cases only extend the statute of limitations to seven years.
- The persona accused of negligence or of causing the accident prevented the legal process from moving forward by changing their name or identity before the injured party could file a lawsuit.
You can find the exact language of these exceptions as well as a few other circumstances that could extend the deadline to file a lawsuit in the Florida Statutes here.
Get the Legal Expertise You Need to Win Your Case
If you think that you have a personal injury case and deserve compensation, get in touch with an attorney as soon as possible. The personal injury attorneys at RRBH Law will work tirelessly to provide you with the best legal representation available.