At Neufeld & Kleinberg, PA, we are dedicated to providing personalized legal guidance to help you navigate the complexities of personal injury claims. Let us handle the legal details while you focus on your recovery and moving forward with your life.
Understanding the statute of limitations for personal injury cases in Florida is critical for anyone injured due to another party’s negligence. At Neufeld & Kleinberg, PA, we believe that being fully informed about your legal rights and the time constraints that apply to your case is essential for pursuing justice.
In Florida, the statute of limitations sets a strict deadline for filing a personal injury lawsuit, typically two years from the date of the accident or injury, as per recent updates to the law. Failing to take legal action within this time frame can result in losing your right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
It’s important to note that certain factors can affect the statute of limitations, such as the type of injury, the victim’s age, and the specific circumstances surrounding the case. For example, cases involving government entities may have shorter filing periods, and in some instances, injuries may not become apparent immediately after the accident.
Our experienced Florida personal injury lawyers at Neufeld & Kleinberg, PA, are here to help you understand how these legal timelines apply to your specific case and ensure that you take the necessary steps within the required period.
We are committed to protecting your rights and guiding you through the complexities of Florida’s legal system. If you’ve been injured, don’t wait until it’s too late to file your claim. Contact Neufeld & Kleinberg, PA, today to schedule a consultation, and let us help you navigate the statute of limitations and fight for the compensation you deserve.
What is a Statute of Limitations?
A statute of limitations is a legal deadline that sets the maximum amount of time a person has to initiate a lawsuit after an event, such as an accident or injury. Once this time lapses, the individual loses the right to file a claim or seek legal action regarding the incident. The statute of limitations aims to ensure timely resolution of legal disputes while evidence is still fresh and witnesses are available. The exact time limits vary depending on the type of case and the jurisdiction, such as in personal injury, medical malpractice, or contract disputes.
2023 Changes to Florida’s Statute of Limitations
In 2023, significant changes were made to Florida’s statute of limitations for personal injury claims, reducing the time allowed for filing lawsuits. Previously, Florida had a four-year statute of limitations for most personal injury cases, including car accidents and slip-and-fall incidents. However, under the new law, the statute of limitations has been reduced to two years.
This change means injured parties must act much more quickly to initiate legal action, as missing this shortened deadline could prevent them from seeking compensation. The new two-year limitation applies to claims arising after the effective date of the legislation, making it essential for Floridians to be aware of the updated timeline and to consult with an attorney promptly following an injury.
Deadlines for Personal Injury Claims in Florida
When pursuing a personal injury claim in Florida, understanding the critical deadlines is essential to protecting your legal rights. The state enforces strict time limits, known as the statute of limitations, which determine how long you must file a lawsuit after being injured due to someone else’s negligence.
In most personal injury cases, including car accidents, slips and falls, and medical malpractice, you typically have two years from the date of the injury to file a claim. Missing this deadline can result in losing your ability to seek compensation for medical bills, lost wages, and other damages. Knowing these deadlines and acting quickly is crucial to ensure your claim is filed on time.
- Motor Vehicle Accidents: You have two years from the date of the accident to file a personal injury lawsuit in Florida. This includes claims for injuries sustained in car, truck, motorcycle, or pedestrian accidents. Failure to file within this window will likely result in losing your right to seek compensation for medical bills, lost wages, and several other damages.
- Premises Liability (e.g., slip and fall): For accidents such as slip-and-falls or injuries caused by unsafe property conditions, you must file a claim within two years from the date of the injury. This applies to cases involving private residences, businesses, or public spaces where negligence in property maintenance caused harm.
- Wrongful Death: Florida law requires that wrongful death claims be filed within two years from the date of the deceased’s passing. These claims are often filed by family members or the estate on behalf of a loved one who died as a result of someone else’s negligence, such as in fatal accidents or medical malpractice cases.
- Medical Malpractice: For claims of injury due to a healthcare provider’s negligence, you must file within two years from the date the injury occurred or be discovered. However, there is a strict four-year cap, meaning claims must be filed within four years of the malpractice, even if the injury wasn’t discovered immediately, with limited exceptions for cases involving fraud or concealment.
- Dog Bites: Florida gives victims of dog bites two years from the date of the injury to file a lawsuit. This applies regardless of whether the dog had a history of aggression or the incident occurred on private or public property, holding dog owners liable for damages.
- Product Liability: Injuries caused by defective or dangerous products must be claimed within two years of the date of the injury. Product liability cases may involve defective design, manufacturing errors, or failure to provide adequate warnings about risks.
- Assault and Battery: For injuries caused by intentional acts of violence, such as assault or battery, you have two years to file a personal injury claim. These cases involve seeking damages from the perpetrator for medical costs, pain and suffering, and other related losses.
- Workers’ Compensation: Injured workers must typically report their workplace injury to their employer within 30 days. The statute of limitations for filing a workers’ compensation claim in Florida is two years from the date of the injury or from when the injury is discovered, allowing workers to seek benefits for medical treatment and lost wages.
Each of these deadlines is vital, and missing them could forfeit your right to compensation. Always consult with a Florida personal injury lawyer as soon as possible to ensure your claim is filed within the appropriate time frame.
Claims Against a Government Entity
Filing a claim against a government entity in Florida is more complex than pursuing a typical personal injury claim. Florida law allows individuals to sue government entities for negligence under certain circumstances, but strict rules and procedures must be followed to protect your right to compensation.
Suppose you have been injured due to the negligence of a government employee or agency, such as in a car accident involving a government vehicle or an injury on government property. In that case, understanding the exact steps and requirements is critical.
One of the most important distinctions in suing a government entity is the requirement to file a notice of claim before initiating a lawsuit. Under Florida’s Sovereign Immunity Act, you must file a written notice of your claim with the appropriate agency within three years of the injury or two years in wrongful death cases. This notice must include precise details about the incident, such as the date, location, and description of the injury, as well as the damages being sought. Failing to file this notice within the given time frame can prevent you from pursuing your claim in court.
Another critical aspect to consider is that the amount of compensation you can recover from a government entity is capped. Florida law limits the recovery amount to $200,000 per individual or $300,000 per incident in personal injury claims against the state or its subdivisions. While this cap can restrict the total compensation, in certain cases, victims may be able to seek additional compensation through legislative claims bills, although this process is rare and highly challenging.
Lawsuits against government entities also involve shorter deadlines and different procedural rules compared to claims against private individuals or businesses. For example, government entities often have legal protections that may shield them from certain types of claims, meaning some injuries or incidents may not be eligible for compensation.
Due to these complexities, it is essential to consult an experienced attorney familiar with government liability cases in Florida to guide you through the process, ensure that you meet all deadlines, and help you build a strong case for your injury claim.
Understanding these rules and acting quickly is key to successfully filing a claim against a government entity in Florida.
When Does the Clock Begin Running?
In Florida, the clock for the statute of limitations begins running on the date the injury occurs or the harm is discovered. This is known as the “date of accrual.” For most personal injury cases, such as car accidents or slip and fall claims, the statute of limitations typically starts on the day of the accident.
However, in cases like medical malpractice or latent injuries, where harm may not be immediately apparent, the clock may start when the injury is discovered or should have reasonably been discovered. It is important to note that once this period begins, you must file your lawsuit within the specified time frame (usually two years for personal injury claims as of 2023), or you may lose the right to pursue compensation. Understanding when this deadline starts is essential to ensure your claim remains valid.
Exceptions to the Statute
In Florida, the statute of limitations may be “tolled” or paused in certain situations, giving injured parties more time to file a claim. This typically occurs when specific legal or practical barriers prevent a plaintiff from filing within the standard timeframe. Knowing when tolling applies can be crucial for preserving your right to seek compensation. Here are some common scenarios that can toll the statute of limitations:
- Minor or incapacitated individuals: If the injured party is legally incapacitated or a minor at the time of the incident, the statute of limitations may be paused for seven years or until they turn 18 or regain the legal capacity to file a claim or have their parents do so on their behalf.
- Fraud or concealment: If the defendant intentionally conceals their wrongdoing or the cause of the injury, the statute of limitations may be tolled until the fraud is discovered.
- Out-of-state defendant: If the person responsible for the injury leaves Florida or is otherwise unavailable to be served, the clock may be paused while they are out of state.
- Ongoing legal proceedings: In some cases, if the claimant is involved in other ongoing legal proceedings that directly impact their ability to file a claim, the statute of limitations can be tolled until those proceedings are resolved.
These exceptions can extend your time to file a claim, but they are highly detailed and often require legal expertise to apply properly.
Call Neufeld & Kleinberg, PA to Discuss Your Claim
Understanding the statute of limitations as it applies to your personal injury case is crucial to protecting your right to seek compensation. With the laws in Florida frequently changing and various factors potentially tolling or shortening the time you have to file, speaking with an experienced personal injury lawyer from Neufeld & Kleinberg, PA, is essential. Our attorneys can help you navigate the complexities of these legal deadlines and ensure that your claim is filed promptly and properly, giving you the best chance to recover the compensation you deserve.
Do not risk losing your opportunity to hold negligent parties accountable. At Neufeld & Kleinberg, PA, we are committed to guiding you through every step of the legal process, ensuring that you fully understand how the statute of limitations impacts your specific case.
Contact us today to schedule a consultation, and let us help you take the necessary steps to protect your rights. With our experience and commitment, you can trust that your case is in capable hands, ensuring that every aspect of your claim is managed carefully and diligently.
Call us now at (305) 931-6666 or fill out the contact form on our website to discuss your case and get the legal support you need!
Note: This article is intended for informational purposes only. Our dedicated team compiles accident news reports using a variety of trusted external sources, such as local news outlets, official police reports, social media updates, and eyewitness statements regarding incidents in Florida. While we strive for accuracy, the facts in this post have not been independently verified by our writers. If you identify any inaccuracies, please contact Neufeld & Kleinfeld, PA, immediately, and we will promptly address any corrections. Posts can also be removed upon request.
Disclaimer: This post is not intended as a business solicitation. The information provided should not be interpreted as medical or legal advice. Additionally, the photo accompanying this post does not depict the accident scene described in this post.
