If you’ve been injured due to another party’s negligence, you may file a personal injury claim to seek compensation for your damages. It is important to act quickly so that the statute of limitations does not expire on your claim.
Under Florida law, you have four years (beginning from the date of the accident) to file a personal injury claim seeking compensation in a negligence-based case. If you miss this deadline, the court will dismiss your case. You will have lost your right to seek any damages, regardless of the severity of your injuries or the level of negligence of the at-fault party.
But are there any exceptions to this statute of limitations for personal injury cases? Yes.
There are a few scenarios in which you could delay the time that the clock starts running on your statute of limitations or “pause” a clock that’s already running:
- The person accused of causing the accident (the defendant in your case) left Florida after the underlying accident occurred and before you filed your lawsuit.
- The defendant attempted to hide in some way, such as by changing identity or moving without notice, to prevent the lawsuit documents from being served.
- You were legally incapacitated at the time of the accident, in which case you have seven years from the date of the accident to file the lawsuit, rather than four.
You can read more about exceptions to Florida’s statute of limitations for personal injury cases in Section 95.051 of the state statutes.
If you’ve been injured due to another person’s negligence and need assistance filing a personal injury claim in Florida, speak with an experienced personal injury attorney at Serrano Law.