If you have been injured in an accident, you may be entitled to recover compensation through a personal injury claim. However, you have a limited amount of time to file your claim after an accident.
Waiting too late to file your claim can prevent you from recovering any compensation for your injuries. Florida law gives most accident victims two years to file a lawsuit, but that timeframe may be different, depending on the specifics of your case.
Keep reading below to learn all the details you need to know about the Florida’s statute of limitations for personal injury cases.
What Is the Statute of Limitations?
The statute of limitations is similar to a countdown clock or expiration date. This is a rule that sets time limits on how long you have to take legal action after an incident. If you wait until after the deadline passes, you will lose your right to bring a claim for your damages.
Each state sets their own time limits, and there are different time limits for different types of legal cases. For instance, the statute of limitations for a personal injury claim is usually different from the time limit for a breach of contract claim. Even most types of criminal charges have a statute of limitations.
Why Does the Statute of Limitations Exist?
The statute of limitations exists as a matter of public policy for a few reasons. First, it helps ensure that legal cases are handled in a timely and efficient manner. Cases should be filed while evidence is still fresh and witnesses have a good memory about what happened.
Next, the statute of limitations ensures that defendants are not burdened with the threat of a lawsuit indefinitely. A defendant should not have potential litigation hanging over their head for years and years down the road. This is why the law allows a reasonable time to bring action, and once that time passes, the right to pursue legal action is gone.
What Cases Fall Under Florida’s Two-Year Statute of Limitations?
Florida’s deadline applies to injury claims based on negligence, such as most:
- Car accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Truck accidents
- Construction accidents
- Product liability claims
- Wrongful death claims
Medical malpractice lawsuits can get somewhat tricky. The general rule is that your lawsuit must be brought within two years from the date that you knew or should have known of your injury. However, not all injuries are immediately apparent. This can trigger another rule called the statute of repose. The statute of repose sets time limits for filing your lawsuit regardless of whether you knew about the injury.
In Florida, the statute of repose for medical malpractice lawsuits is four years from the date of the malpractice. So, your time to file a lawsuit expires four years from the date of the malpractice, even if you have not yet discovered your injury.
Florida’s Statute of Limitations for PIP Claims
Since Florida is a no-fault state, drivers are required to carry personal injury protection (PIP) insurance. For many accidents, drivers would simply file a claim with their own PIP coverage to get compensation for their medical expenses and lost wages. In these situations, it does not matter who was at fault for the accident.
Typically, car accident victims must seek medical treatment within 14 days of your accident to qualify for PIP benefits. Waiting beyond this time period can cause them to lose their right to receive PIP benefits for their injuries.
Most PIP disputes arise from denied claims, or they present coverage questions. Since these matters are related to the insurance policy, the contract statute of limitations would apply instead of the personal injury statute of limitations.
For this reason, you typically have five years to file a lawsuit over a PIP dispute. Waiting until the last minute is never a good idea, so you should seek to resolve these issues as soon as possible.
Call Graves Thomas Injury Law Group Today for a Free Consultation With a Vero Beach Personal Injury Lawyer
If you have been hurt in an accident, do not wait until time expires to seek compensation for your injuries. The experienced team at Graves Thomas Injury Law Group can help you identify the filing deadline for your case and ensure that you do not miss your chance to fight for a financial recovery.
Contact us today to schedule a free consultation with a Vero Beach personal injury lawyer.
