What is the Statute of Limitations in Personal Injury Claims?

It is critical to work quickly after being hurt in an accident. The sooner you start working with an attorney to file your claim can mean the difference between obtaining the maximum compensation you deserve and forfeiting damages you need for your medical expenses and other losses. In Florida, the statute of limitations refers to the amount of time you have to file your claim. The statute of limitations has recently undergone significant changes, giving accident victims less time to file a claim for compensation. Below, our Tampa personal injury attorney explains in greater detail.

The Statute of Limitations in Personal Injury Claims 

When filing a lawsuit, the statute of limitations set the time limit for when an accident victim can file. In the majority of cases, the statute of limitations for personal injuries incurred during a slip and fall, car crash, and other types of accidents is two years. This was recently reduced from four years. Accidents that occurred on or after March 24, 2023 are governed by the two-year statute of limitations while accidents that occurred before that date are governed by the four-year statute of limitations.

What Happens if the Statute of Limitations Expires? 

There are a number of ways waiting to take action can jeopardize your case. Important evidence, such as documents and physical evidence can go missing or even be destroyed over time. Eyewitnesses may also start to forget important details of the accident. Tracking down evidence or finding new evidence of wrongdoing can all take time and so, it is critical to act quickly after any accident.

If the statute of limitations expires, you will lose your right to claim any compensation at all. The insurance company and the court will likely throw out your case, resulting in a forfeiture of the full damages you deserve.

Exceptions to the Statute of Limitations

 In the majority of personal injury cases, the statute of limitations is very strict. Still, there are some exceptions. These include:

• The discovery rule: If you were not immediately aware of your injuries, the statute of limitations can be tolled, or delayed, until the date you discovered the injury, or the date you should have discovered the injury.
• Minor children: Minor children are not considered to have the mental capacity to take legal action. In these cases, the statute of limitations can be tolled until the child’s 18th birthday. In these cases, the child would have until their 20th birthday to file a claim.
• Concealment of fraud: If the liable party tried to conceal their wrongdoing, the statute of limitations may be tolled until discovery of the fraud.

Our Personal Injury Attorney in Tampa Can File Your Claim On Time

 Due to the statute of limitations that governs personal injury cases, it is critical that you take legal action as soon as possible after an accident. At Moore Law, our Tampa personal injury attorney can conduct an investigation, collect evidence to prove your case, and ensure your claim is filed on time so your damages are not at risk. Reach out to our office to schedule a consultation and to get more information.

Source:

eg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html