Whether you’re visiting the Sunshine State or a permanent resident, there are some deadlines you want to pay attention to. This is particularly true regarding deadlines and personal injury claims; time is of the essence to file a personal injury claim in Florida.
What does this mean for your personal injury case? We’ll take a look at this in the following paragraphs.
Deadlines for Filing a Personal Injury Claim in Florida
If you’re injured in an accident as a result of someone’s misconduct or negligence, you have a specific amount of time to file a claim.
In most cases, the deadline for filing is two years from the date of the accident. This may seem like plenty of time, but it’s rarely a good idea to wait two years. Evidence supporting your claim can get lost, and witnesses can move away.
Types of personal injury claims that must be filed within two years include:
- Claims stemming from negligence
- Statutory liability claims
- Intention torts
The two-year filing deadline also isn’t set in stone, and some exceptions may apply to your unique personal injury case. Your attorney will explain any exceptions that may apply to your case.
However, even if your case meets the exception rules, you may not want to prolong the legal process. Remember, you won’t receive financial compensation until your case is resolved. This may mean medical bills piling up, along with other expenses.
Examples of Filing Deadline Exceptions
There are certain times when the two-year filing deadline can be extended. If the injured party is a minor at the time of the accident, they may be able to extend the deadline until they’re an adult. If your case involves medical personnel attempting to cover up details of their liability, this is another reason the filing deadline may be extended.
Your attorney may need additional time to find and disclose evidence about your case. Here are some other examples of when the two-year deadline may not apply.
Medical malpractice cases can receive a filing extension beyond two years, and the date moves from the time the accident occurred to the date your injury is discovered.
For example, you undergo surgery but do not discover the resulting medical complications for a few days, weeks, or months. Your filing deadline is now the date your injury is diagnosed.
📖 Recommended Reading: If you’re looking for more useful information, check out 5 Most Common Types of Medical Malpractice Cases
Unfortunately, some personal injuries can result in death. If the unthinkable happens, your filing date is two years from the individual’s death instead of when the accident occurred.
Personal Injury Claims Against the Government
Regardless of if your claim is against a local or state government, it’s always a good idea to have a skilled personal injury attorney in your corner. Your filing deadline may be shorter than the standard two years, which means gathering information and filing paperwork in a shorter amount of time.
If the paperwork is filed incorrectly or missing required information, you risk having your personal injury case thrown out.
Filing Against Minors and Wrongful Death
Some claims against minors are held until the defendant reaches the age of legal adulthood, which can extend your filing deadline beyond two years. This can apply to wrongful death claims filed against minors.
However, it’s usually best to file early and let the court decide if your case can go to trial or wait until the defendant turns eighteen. This way, you don’t have to worry about missing crucial deadlines.
Common Damages Included in Personal Injury Claims
Your personal injury lawsuit in Florida can provide compensation for economic and non-economic losses. Some examples of costs associated with economic damages include:
- Legal fees
- Property damage and replacement costs
- Medical expenses
- Lost wages
To receive compensation, you’ll need to provide proof of the losses in the form of receipts, bills, and your financial statements. Some key examples of non-economic damages typically are:
- Pain and suffering
- Emotional distress
- Loss of affection
- Loss of consortium
These types of claims are more difficult to prove. Your attorney may request you provide medical diagnoses from a licensed physician, along with testimony from family and friends.
When it comes to deciding how much to award a plaintiff in a personal injury case, the judge or jury typically considers your age, the severity of your medical condition, if additional treatment is necessary, and your future earning potential. Your current earning potential may also be a factor considered by the court.
Don’t Miss Your Filing Deadline
The aftermath of an accident can be a chaotic and stressful time, making it all too easy to overlook important court filing deadlines.
By entrusting these critical tasks to an experienced attorney, you can shift your focus entirely to your recovery, confident in the knowledge that the legal aspects of your situation are being managed professionally and diligently.
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Last Updated on January 4, 2024