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Personal injury claims: Why the statute of limitations matter

On Behalf of | Feb 28, 2023 | Personal Injury

A personal injury claim arises when someone suffers harm due to the negligent or intentional acts of others. It could be due to a car accident, medical malpractice, a slip-and-fall or even assault.

Either way, all personal injury claims are bound by the statute of limitations, the legal deadline for filing a lawsuit. Although most claims don’t end up in court, the statute of limitations is a significant part of your personal injury claim. Here is why.

The option of going to court gives you leverage

You may hit a deadlock with the insurer once you file a personal injury claim. For instance, you may disagree on compensation or other aspects of a personal injury claim, like your degree of fault.

When this happens, you can take your case to court, where a jury will determine the matter and award you the settlement you deserve. Going past the statute of limitations means you cannot seek legal intervention. You could miss out on compensation since your claim may be legally barred.

Having the option of going to court will increase the chances of fruitful negotiations with the insurer due to the legal protection available to you.

How long do you have?

The legal clock starts running soon after you suffer the personal injury or when you discover your injuries. Most personal injury claims in Florida have a statute of limitations of four years. Medical malpractice cases have a shorter legal deadline of two years, although the time can be extended under certain circumstances. 

Get help with your personal injury claim

If you have suffered injuries or property damage due to another’s negligence, it is prudent to have appropriate counsel to guide you through the claims process. You may not be well-versed with all the legal technicalities that could affect your ability to recover compensation after a personal injury.