How Long Do You Have to File a Personal Injury Claim in Florida?

The Florida statute of limitations related to personal injury claims is a critical piece of information that an injured person must be aware of. A person interested in filing a personal injury lawsuit must do so before the expiration of the statute of limitations. Otherwise, time would bar the lawsuit from being filed- leaving the injured person on the outside looking in.

The Old Versus The New Florida Statute Of Limitations For Personal Injury Cases

Formerly, an individual had up to four years after suffering an injury to file a lawsuit against the possible at-fault party. However, a bill was passed during the 2023 Florida legislative session, which saw this four-year statute of limitations reduced to two years.

Cutting the time to file a lawsuit in half means having a plan for moving forward after suffering an injury is of supreme importance. Contacting an experienced Fort Myers personal injury attorney is the first step towards developing a coherent, winning strategy.

How Does The Florida Statute Of Limitations Compare To Other States?

As Floridians continue to acclimate to the new statute of limitations in personal injury cases, it makes sense to compare Florida’s law with how other states handle the statute of limitations in these cases.

Most other states have a two-year statute of limitations related to personal injury cases. In that sense, Florida is just keeping up with much of the rest of the country. Whether this change makes a meaningful difference in favor of Floridians is not yet known.

What Are The Exceptions To The Two-Year Statute Of Limitations?

A person who was incapacitated as a result of the incident in question does not necessarily have to file a lawsuit within two years of sustaining an injury. Likewise, if the at-fault party attempted to hide after the incident, it would give the injured party more time to file a lawsuit.

The Consequences Of Not Filing A Personal Injury Lawsuit Within Two Years Of An Accident

No matter how strong a personal injury case may be, if the statute of limitations is missed, then there is no future for the case. A lawsuit cannot be successfully filed. An insurance company has no motivation to negotiate a settlement outside of court. The person who caused the injuries could get away with injuring you or your loved one.

Speak To An Experienced Fort Myers Personal Injury Attorney

Do not assume that all avenues to file a lawsuit have been closed if a statute of limitations has been missed. It could be that an exception to the two-year filing statute exists. Or, the statute may be calculated from a different date than you had been using. In any event, speak to an attorney before assuming that there are no options left to pursue

Injured In Florida? Contact Difilippo & Pica, PLLC Today

Contact Diflilippo & Pica, PLLC today for a free-of-charge consultation. Our team of legal professionals serves our clients with a great deal of pride. Allow us to show you how we have gained a reputation as Florida’s most well-prepared team of personal injury advocates.