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How long do I have to file a personal injury lawsuit in Florida?

On Behalf of | Mar 7, 2022 | Personal Injury

Accidents happen all the time. One moment you are doing everything you can to stay safe on the road and the next, you are fighting for your life courtesy of an accident that is not your fault. If you sustain a personal injury due to someone else’s reckless or unlawful actions, you may pursue them for compensation for your injuries.

However, one of the things you need to do to stand the chance of winning your claim and receiving the compensation you deserve is to file your claim in time. This is where the statute of limitations for personal injury claims comes in.

So what is the statute of limitations and why is it important?

Basically, the statute of limitations refers to a law that limits the amount of time within which a civil or a criminal case can be initiated. In the context of personal injury, it refers to the time limit within which you can pursue the at-fault party for compensation following the incident that resulted in your injury.

Statute of limitations is intended to ensure speedy resolution of personal injury claims while protecting the defendant from false claims.

How the statute of limitations work

If you are hurt as a result of someone else’s negligence, the Florida statute of limitations allows you to file a claim against the defendant within four years from the date of your injury. You risk losing your rights to compensation if you file your claim after the expiry of the four-year time frame.

However, there are instances when you can pause or toll the statute of limitations. For this to happen, the circumstances that are preventing you from filing your claim must be beyond your control.

For instance, the statute of limitations can be paused if the defendant was out of the state, if the victim was a minor at the time of the accident or if they did not have the mental capacity to safeguard their interests.

If you are injured due to someone else’s fault, it is in your best interest that you act fast. Find out how you can file and win a personal injury claim in Florida.