Understanding the statute of limitations is crucial for anyone considering filing a personal injury lawsuit in Florida. The statute of limitations is a legal concept that sets a deadline for when a lawsuit must be filed. In the context of personal injury cases, this deadline is of utmost importance because failing to file a lawsuit within the specified time frame can result in losing the right to seek compensation altogether. The rules surrounding the statute of limitations can be complex, and various factors can influence the exact deadline applicable to a particular case.
What is the Statute of Limitations and How Does it Work?
In Florida, the statute of limitations for personal injury cases is generally two years from the date of the accident or injury. This means that an individual has four years to file a lawsuit against the party responsible for their injuries. However, there are several nuances to consider. For example, if the injury was not immediately discovered, the clock may start ticking from the date the injury was or should have been discovered, rather than the date of the incident itself. This is known as the “discovery rule” and can extend the time frame in which a lawsuit can be filed.
It is important to note that the statute of limitations can vary depending on the type of personal injury case. For instance, medical malpractice cases in Florida have a shorter statute of limitations. Victims of medical malpractice generally have two years from the date the malpractice occurred or from the date it was discovered to file a lawsuit. Additionally, in cases involving wrongful death, the statute of limitations is also two years from the date of death. These shorter time frames highlight the importance of consulting with an attorney as soon as possible after an injury or death occurs to ensure that all legal rights are preserved.
Founding Attorney Associate Attorney
Michael Serrano
Candace “Cea” Hartley
Another critical aspect to consider is the impact of governmental entities on the statute of limitations. When a personal injury claim is against a city, county, or state government entity, there are additional procedural requirements that must be met. For example, a notice of claim must be filed with the appropriate government agency within three years of the incident. This notice is a prerequisite to filing a lawsuit and serves to inform the government entity of the claimant’s intention to seek compensation. After the notice is filed, the government has six months to respond. If the claim is denied or not resolved within this period, the claimant can then proceed with filing a lawsuit. However, it is crucial to adhere to these procedural requirements strictly, as failing to do so can result in losing the right to sue the government entity.
In some cases, the statute of limitations can be tolled, or paused, under certain circumstances. Tolling can occur for various reasons, such as if the injured party is a minor, mentally incapacitated, or if the defendant is out of state or deliberately evading service. For example, if the injured party is a minor, the statute of limitations may be tolled until they reach the age of majority, which is 18 years old in Florida. This means that the four-year time frame would not start until the minor turns 18. Similarly, if the defendant leaves the state after the incident and cannot be located, the statute of limitations may be paused until the defendant returns to Florida. These exceptions are designed to ensure that individuals have a fair opportunity to seek justice, even when circumstances prevent them from doing so within the standard time frame.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.” - Mary Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!" - Kylie Collier Border I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help." - Sandy Carter
The Role of an Attorney
Navigating the intricacies of the statute of limitations in Florida personal injury cases can be challenging, especially when dealing with the aftermath of an injury. This is why seeking legal advice promptly is crucial. An experienced attorney can help determine the applicable statute of limitations for a specific case, identify any potential exceptions or tolling issues, and ensure that all procedural requirements are met. They can also provide valuable guidance on gathering evidence, negotiating with insurance companies, and building a strong case to maximize the chances of obtaining fair compensation.
It is also important to understand that even if the statute of limitations has not yet expired, waiting too long to take action can negatively impact a case. Over time, evidence can be lost or deteriorate, memories of witnesses can fade, and it can become more challenging to establish the facts of the case. Acting promptly can help preserve crucial evidence, secure witness testimony, and allow for a more thorough investigation of the incident. Additionally, initiating the legal process early can provide more time for settlement negotiations, which can potentially resolve the case without the need for a lengthy court battle.
Case Results
Understanding and adhering to the statute of limitations is not just about meeting deadlines; it’s about ensuring justice and receiving the compensation needed to recover and move forward. Each personal injury case carries its unique set of circumstances and challenges, and time is of the essence in gathering evidence, securing witness accounts, and building a compelling case. By acting swiftly and seeking professional legal guidance, you protect your right to hold responsible parties accountable. At Serrano Law, we are committed to providing the dedicated support and experience you need during this critical time.
Contact Serrano Law Today
The statute of limitations is a fundamental aspect of personal injury law in Florida that sets a deadline for filing a lawsuit. Understanding the specific time frame applicable to a case, as well as any potential exceptions or procedural requirements, is essential for protecting one’s legal rights. The general statute of limitations for personal injury cases in Florida is four years, but this can vary depending on the type of case and other factors. Consulting with a knowledgeable attorney as soon as possible after an injury can help ensure that all legal deadlines are met and that the best possible outcome is achieved. If you or a loved one has been injured and need legal assistance, contact Serrano Law today. Our experienced team is here to help you navigate the complexities of personal injury law and fight for the compensation you deserve. Don’t wait until it’s too late — reach out to us now to discuss your case and explore your legal options.