What Are the Acceptable Reasons for Late Filing of Personal Injury Claims in Florida?
Like all states, Florida has a statute of limitations, which is a law that sets strict time limits on your ability to take certain types of legal action. That includes personal injury lawsuits, whether from car accidents, slips and falls, or other incidents due to negligence.
If you are thinking about filing a personal injury lawsuit in Florida, it’s vital that you understand the specifics and implications of this statute of limitations. Read on to learn more about Florida’s personal injury statute of limitations, and contact us online or call Rosen & Ohr, P.A., for a free case review with a Florida personal injury lawyer.
Statute of Limitations for Florida Personal Injury Cases
Under Florida Statutes § 95.11(3)(a), you generally have two years to file a personal injury lawsuit in the state. This two-year period typically starts on the date of the incident that caused the injury. If you wait to file your lawsuit until after the relevant deadline has passed, the court can and likely will dismiss your case.
Potential Exceptions to the Florida Personal Injury Statute of Limitations
Florida Statutes § 95.051 outlines several possible exceptions which may toll, or extend, the two-year deadline, including:
- Injuries or symptoms that arise well after the incident – In some cases, serious accidents or incidents of hazardous exposure can result in conditions that do not display symptoms for months or even years. If that occurs, it may be possible to toll the statute of limitations until a victim receives a medical diagnosis for their condition.
- Victims with mental or physical incapacities – If a victim has a cognitive or physical disability, they may have difficulty initiating the filing process. As a result, these individuals may be granted additional time to do so.
- Victims who are underage at the time of injury – Minors under 18 lack the means and the legal ability to file lawsuits for themselves. If a victim is underage at the time of their injury, the statute of limitations is effectively frozen until they reach legal adulthood.
- Defendants who cannot be located in the state – The statute of limitations can also be paused if the defendant is not currently in Florida or has taken steps to conceal themselves within the state.
Why You Should Talk to a Florida Personal Injury Lawyer as Soon as Possible
two years may sound like plenty of time to get things done, but that doesn’t mean you should put it off until just before the deadline. Filing a lawsuit takes time, and even a minor hiccup can result in substantial delays. Since there are few acceptable reasons for filing past the deadline, it’s best to speak to a trusted attorney immediately.
Once you get in touch with a lawyer, they can review your case, determine whether you have grounds for a lawsuit, and estimate how much compensation you could be entitled to. In some cases, your attorney may decide to conduct an independent investigation, which can take time. The sooner you get started, the better.
Contact Our Florida Personal Injury Lawyers Today
If you have questions about filing a personal injury claim in Florida, don’t hesitate to contact the compassionate attorneys at the law firm of Rosen & Ohr, P.A. We can answer your questions and evaluate your case for free when you contact us for a consultation.
