How Long to File a Personal Injury Claim in Tampa?
If you have been hurt in a car crash, slip and fall, or other type of accident and someone else was at fault, you may be able to file a claim against the negligent party for compensation. These are known as personal injury claims and they are governed by many laws. One of the most important of these is the statute of limitations, or the time limit.
Failing to file your claim before the statute of limitations expires may result in serious consequences, but there are exceptions to the law. Below, our Tampa personal injury lawyer explains in further detail.
What is the Time Limit on Personal Injury Cases in Tampa?
In Tampa, as throughout the rest of Florida, you have two years from the date of your accident to file your claim. If you have lost a loved one in an accident caused by another person’s negligence, you have two years from the date of the death in most cases to file a claim.
To many people, two years sounds like a long time. Unfortunately, it is not. Over time, evidence can become lost or destroyed, and memories can fade. You may not remember exactly what happened before or during the accident, and it can also become more difficult for witnesses to recall exactly what occurred, as well. For this reason, while you may legally have two years to file a claim, it is best to speak to a Tampa personal injury lawyer as soon as possible after an injury.
If you fail to file your claim on time, the insurance company will likely stop any settlement negotiations. If you still try to file a lawsuit in court, the insurance company will file a motion to dismiss and a judge will likely grant it. This will result in forfeiting any damages you may have been awarded.
Exceptions to the Law in Tampa
While the statute of limitations is a very strict law in Florida, the law does outline some exceptions to it. These include:
- The discovery rule: The discovery rule applies when an accident victim does not discover their injuries right away. This often occurs when injuries such as concussions or whiplash take time to present any symptoms.
- Minors: Minor children do not have the mental capability to take legal action on their own. As such, the statute of limitations may be tolled, or delayed, until after the child turns 18 years old. In cases involving a minor, the child has until their 20th birthday to file their claim. However, parents can also file on a child’s behalf while they are still a minor.
- Government negligence: There are times when a government entity is liable for an accident. In these cases, the statute of limitations is generally shorter than the two years in other cases.
Our Personal Injury Lawyer in Tampa Will File Your Claim On Time
If you or someone you love has been hurt in an accident, it is important to speak to a Tampa personal injury attorney as soon as possible. At Moore Law, our seasoned attorney can advise you of the laws that apply to your case and ensure proper procedure is followed so you obtain the full settlement you deserve. Call us today at 813-510-5400 or chat with us online to request a consultation and to learn more.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
