If you are injured in Florida, you may feel confused about what steps to take next or whether you have a valid claim to file for damages against the parties involved. If you have experienced a personal injury, it is crucial to have a clear understanding of the time constraints associated with filing a claim.
By doing so, you can protect your rights and pursue the compensation you rightfully deserve. However, over time, you may risk losing your right to compensation or compromising the strength of your personal injury claim or lawsuit. This article provides in-depth information on the time frame you have to submit a Florida injury claim following an accident.
What Is a Statute of Limitations?
There are regulations in effect in various types of cases and jurisdictions that impose time limits on victims to pursue legal action for damages against the parties they believe are responsible for their injuries. These regulations are known as the statute of limitations in the legal profession.
The statute of limitations in personal injury cases specifies the amount of time a victim has to initiate a claim against an accused party seeking compensation for their negligent conduct. The location of the accident scene is a key factor when determining the relevant statute of limitations. Statutes of limitations vary by state, and you need to know which statute of limitations applies to your personal injury claim to determine the duration of time available to launch a legal action.
Florida Statute of Limitations
In the state of Florida, injured victims are allowed a two-year period to file a lawsuit against the responsible party. Although two years might seem like a long time, in the case of complicated legal matters, it can pass by quickly.
Furthermore, a personal injury victim should not postpone filing an injury claim, because doing so can lead to complexities and delays, and could even hinder you from receiving the compensation you are entitled to.
How Statute of Limitations Affect a Personal Injury Case
When evaluating your situation, including the harm you sustained and the compensation that you could be entitled to, the legal time limit is unlikely to come to mind. The statute of limitations is mostly a procedural rule that applies only when an injury claim is filed.
However, you have no control over how your claim will progress, and while you might try to settle out of court, challenges might come up that necessitate launching a lawsuit. Failure to take into account the statute of limitations could jeopardize your claim and hinder you from seeking the necessary compensation.
When a judge discovers a lawsuit filed after the statute of limitations has expired, he or she will almost certainly dismiss the victim's claim. The victim would no longer be able to seek legal compensation for their injuries. There are very few situations under which the Florida statute of limitations can be extended beyond its normal time limit.
The Consequences of Delaying to Pursue a Personal Injury Claim
As a victim of an injury, you may be well aware that your injuries are severe. The severity of your injuries' effect on your daily life as well as how long it would take you to recover can be uncertain for some time after a personal injury incident.
You may believe that it is best to delay contacting a lawyer for assistance with your claim until you've gained a better understanding of your recuperation and subsequent losses. However, doing so may worsen your situation and limit your potential to file a personal injury claim for damages.
If you have sustained injuries due to someone else's negligence, you should not consider waiting or delaying your filing. Your interests in the case will be better protected the sooner you seek legal counsel.
Insurance Coverage Terms and the Statute of Limitations
The focus on the statute of limitations can lead you to believe that it is the only deadline you need to consider when submitting a Florida personal injury claim. However, as an insured, you have to look into the conditions of your insurance plan when deciding when to make a move on your personal injury claim.
Insurance policies provide specific timelines and terms for when they should be notified of an incident and potential claims. Failing to comply with the provisions of your insurance policy could jeopardize the potential to reach an agreement.
Contacting a legal professional promptly can assist you in understanding the legal requirements and the insurer's policy when considering filing an injury claim.
The Advantages of Taking Action Swiftly After a Personal Injury
Injury victims may become complacent as a result of the statute of limitations, believing that they have plenty of time. The longer you delay taking action after an incident has taken place, the more benefits you lose in your claim, and you may face challenges later on if you try to seek damages in your claim.
After sustaining injuries in an accident, it is important to prioritize your recovery and focus on your health. In the meantime, get in touch with a lawyer who specializes in personal injury cases. By initiating the process of filing a personal injury claim promptly, you greatly increase your chances of achieving a successful outcome.
Allow Your Attorney Enough Time to Prepare
An attorney can't draft a personal injury case overnight. It requires time to compile the evidence needed to prove liability and compensation in your claim. The more time an attorney has to devote to developing your injury claim, the stronger the case will be.
When you engage your attorney with only a few days left on the statute of limitations, he or she could find it difficult to effectively prepare. Your attorney may have difficulty gaining access to the details they require. A weak case could result in your claim being denied or receiving a low settlement amount.
By getting in touch with a lawyer as soon as possible, you can allow them plenty of time to concentrate on the case, carry out investigations, and gather the information and evidence needed to offer you the best possible opportunity to win the case.
Preserve Vulnerable Information
The evidence in your accident claim can either strengthen or weaken the validity of your claim. The information you need might not always be accessible if you don't act quickly. Finding evidence to prove responsibility for your injuries and related damages gets more challenging as time passes.
Evidence may lose its validity in some situations. For instance, unless a lawyer intervenes and requests the records in your claim, various materials such as traffic cam footage, truck black box information, surveillance recordings, or other relevant information could be deleted. It could be more challenging for your attorney to have access to the information they need to support your claim if too much time goes by.
The Recollection of the Events and the Testimony Are Fresh
Preserving tangible evidence is crucial in supporting your claim, but it's equally important to recognize the significant role that witness testimony can play in the outcome of your personal injury claim. Over time, witness accounts, including your own, can become unreliable.
As time passes, it gets more and more challenging to recall key information and details about the incident and the injuries you sustained. Taking action immediately after an incident can assist your attorney in interviewing witnesses and obtaining their statements while the specifics of the matter and their recollections are still fresh.
You Could Receive Compensation Quickly
Another reason a victim should contact a personal injury attorney as soon as possible after an incident is because doing so could ultimately speed up the resolution process. The sooner you speak with a legal professional, the sooner they can begin developing the case and filing a lawsuit on your behalf. This will speed up the process after the accident and help you settle down in as little time as possible.
Filing claims several months after the incident could result in a longer period to develop and process the compensation claim. If you consult a lawyer as soon as possible after the incident, you could be able to secure the compensation you deserve for the damage sooner.
When Can You File a Subsequent Personal Injury Claim?
Certain elements in the case would prevent a personal injury victim from coming forward sooner after the incident. These are unusual circumstances, but if you fall under this category, it is appropriate for you to pursue a personal injury lawsuit later than usual.
In some instances, a victim could also be eligible for a statute of limitations exception. However, this is subject to the specifics of the case as well as the reasons why the claim couldn't be filed sooner.
If you have suffered a personal injury and fall into one of these categories, you could still be entitled to compensation. Consult with a personal injury lawyer about your legal options and the laws that apply to your situation.
It Took Some Time Before the Injuries Manifested
Injuries may not always be immediately apparent when an accident occurs. A personal injury victim can get injured and not be aware of it right away. For instance, a delayed discovery of an injury can occur when an individual develops a chronic condition or illness that they later traced to an incident or exposure that occurred a while ago.
In other situations, a victim could be unaware that an incident or accident occurred, like in the case of medical negligence. If you have experienced an illness or injury that you believe was caused by negligence, it is crucial to contact a personal injury attorney immediately. They can provide you with the necessary guidance and support to navigate your legal options. You could still be eligible to file for compensation for your medical condition or injury-related damages.
The Victim is a Minor
Accidents can happen to anyone at any time. In many circumstances, the statute of limitations for victims who are minors is extended until they turn 18 and become adults. Even if you are a minor, it is still advisable to reach out to a personal injury attorney as soon as the incident occurs. This is because you have options for pursuing compensation.
However, if you were injured as a minor due to a negligent act, you can file for compensation up until the age of adulthood if no legal suit or claim has been filed in the past. A personal injury lawyer can investigate the situation and evaluate whether you're entitled to compensation for injuries sustained as a minor.
Identifying the Responsible Party
In most personal injury claims, you should identify the accused party before you can submit a compensation claim. If you were injured in an accident but were unable to determine who was at fault as a result of negligence, you could be able to file a claim for compensation if you later identify the at-fault party.
This may happen in situations like a hit-and-run accident, where it might take some time to identify the offender. If the perpetrator escapes, the identification of the individual at fault and the insurance coverage that could have been accessible at the time of the incident could be delayed.
When Should You Contact a Personal Injury Lawyer?
It is recommended to promptly seek the assistance of a personal injury lawyer following an injury. Once you realize that your injuries were caused by someone else's negligent actions, it’s crucial to promptly reach out to a personal injury attorney. They can provide valuable assistance with your case and determine if you have a strong basis for seeking compensation.
Find a Personal Injury Lawyer Near Me
Taking prompt action after an accident is crucial to ensure the approval of your insurance claim. However, if you desire to pursue a legal claim, you have 4 years to initiate a personal injury case and 2 years to file a claim for wrongful death.
If you are involved in a bus, car, or any other road accident, we at Jacksonville Personal Injury Attorney are here to help you. Our attorneys have years of expertise and can handle your injury claim. We will ensure that you receive the settlement you deserve. Feel free to give us a call anytime at 904-800-7557.
