If you are injured in an accident, you only have a limited amount of time to file a claim for damages. This timeframe, or deadline, is called the statute of limitations. Each state sets its own statute of limitations, and the times can vary from one type of claim to another. In most cases, your time starts running on the date of your accident.
The bad news is that missing the deadline will cause you to lose your legal right to recover any compensation for your injuries. A court will typically throw out cases that are filed too late. Make sure that you do not let time run out on your ability to file a claim for damages.
Why Does a Statute of Limitations Exist?
There is a reason why states, including Florida, set deadlines to file legal claims. Some of the reasons why these laws exist are to:
- Help maintain efficiency in the court system by making sure cases are recent
- Allow a defendant an opportunity to defend themselves while the evidence is still fresh
- Prevent a claim from hanging over a defendant’s head indefinitely
- Encourage victims to file claims in a timely manner and resolve their cases quickly
State legislatures regularly review these rules, and there are times when they may decide to adjust the statute of limitations.
How Long Do I Have To File a Lawsuit After an Accident in Florida?
Most personal injury claims in Florida are based on the legal concept of negligence. Florida law sets the deadline for filing most personal injury claims at two years from the date of the accident.
Some specific types of personal injury claims may have their own statute of limitations. Here are some common types of cases and their associated statute of limitations:
- Medical malpractice: You have two years from the date of the accident to file a claim. In some cases, a medical malpractice injury may not be immediately apparent, so the clock may not start until the injury is discovered.
- Defective products: If you are hurt by a defective product, you have either two years or four years to file your claim, depending on the specific type of claim you need to bring.
- Intentional torts: When someone injures you intentionally, you have four years to file a claim for damages. Common examples are assault, battery, and false imprisonment.
- Wrongful death: In wrongful death cases, the victim’s family or estate has two years to file a claim for damages.
Applying the statute of limitations in some cases can be challenging. For instance, consider a workplace illness that occurs because of long-term exposure to chemicals at a job site. It may be hard to pinpoint the specific date when the injury occurred. An experienced personal injury lawyer can help you determine the filing deadline associated with your case.
Exceptions to the Statute of Limitations
There are certain instances when the statute of limitations may be different than the default time limit. Some circumstances can “toll” or pause the deadline. A common situation that tolls the statute of limitations is when the victim is a child.
In that situation, the statute of limitations is usually tolled until the child reaches their 18th birthday. Once the child turns 18, the clock starts to run. So, they would typically have until their 20th birthday to file a lawsuit for injuries sustained while they were a child.
Some other situations that may pause or adjust the filing deadline are:
- Mental incapacitation of the victim: The statute will pause during a period of mental incapacitation, and it will start to run again when the victim is no longer incapacitated. Even in this case, the claim must be filed no later than 7 years after the accident.
- Fleeing defendant: Defendants may sometimes flee the state to avoid being served with a lawsuit. If the defendant leaves, the statute will pause until they return to Florida.
- Hiding defendant: Some defendants may choose to hide to avoid a lawsuit. Once the defendant is located, the statute begins to run again.
- Government tort claims: If you need to file a claim against a government entity, the time limit may be different. You may also need to file a notice of claim before your lawsuit can proceed.
Pausing and restarting the statute of limitations is a complicated matter. If you experience any of these situations, you should definitely consult with an experienced personal injury lawyer who can help. A miscalculation that causes you to miss the deadline can have devastating consequences on your legal claim.
Get Help From a Miami Personal Injury Lawyer
If you have been hurt in an accident in Miami, Florida, contact the team at Zayed Law Offices Personal Injury Attorneys. Calculating the filing deadline for your claim can get very complicated. If you don’t file your claim in time, you may completely lose your ability to recover any compensation for your injuries.
Do not wait until it is too late to hold the at-fault party responsible for your damages. Call our Miami personal injury lawyers today to schedule a free consultation and let us help you determine the filing deadline for your case at (305) 916-6455.
