The United States receives an overwhelming number of personal injury cases every year. As per the Centers for Disease Control and Prevention, 39.5 million Americans seek medical care for personal injuries annually, translating to roughly 126 cases for every 1,000 individuals.
These contests come out of very many events, including motor car accidents, medical malpractice, slip and fall, and product liability.
For negligence-based personal injury claims, now the Florida personal injury statute of limitations has been amended. The amendment reduces the statute of limitations for general negligence actions from four years to just two years from the date of the act.
Take a look at the statute of limitations’ limitations imposed to safeguard your rights when claiming for personal injuries after they have been filed.
Overview of the Statute of Limitations
Limit law refers to the time frame within which a lawsuit must be filed after an injury occurs. On either side, restricted action impacts potential claims because any attempt to file claims after the statute of limitations has expired would be precluded.
Since there is a statute of limitations, everyone must know about it. If you don’t file within the time limit, you will lose any rights you have to get compensation for your losses. It’s clear that moving quickly to exercise your legal rights to the pay is key to keeping problems to a minimum.
There are a few areas where one can avoid the standard four-year statute of limitations for personal injury cases. In the State of Florida, the statute is two years. It is appropriate to contact an attorney knowledgeable about every time and date so that all rights will be protected in any future cause of action.
Types of Personal Injury Cases
The personal injury cases are the most common types of claims that often happen in legal cases.
According to a Lake Charles truck accident lawyer, automobile and motorcycle accidents are the commonest types of personal injury cases. If you have sustained injuries as a driver, passenger, or pedestrian because of somebody else’s negligence on the road, you have a valid claim for a personal injury.
Slipping and falling is another major way that people get hurt. This is the responsibility of the person who owns the property. The property owner may be sued by someone who claims that the owner’s negligence in maintaining the property led to their loss.
Medical malpractice is caused by clumsiness of the doctor, be it negligence or any other act involving practice in diagnosis, operation, medicine prescribed, patient care handled, or any malpractice within the bounds of health care entities. Injuries are cases of medical malpractice if they result from performance under an agreement or the handy work of a physician. This process requires expert lawyers to substantiate claims.
Dog bites and product and wrongful death cases each arise separately under various personal injury areas argued by lead attorneys.
Time Limit for Filing Claims
For you to watch over your rights and be covered by law, it is indeed important that you familiarize yourself with the limitations set out for filing personal injury actions in Florida. The limitation in Florida for a comparative majority of personal injury cases is two years after the incident; within those two years, you have to file a case in civil court.
Should you miss this timeframe or fail to file, you would stand to lose the right to recover from your injury. Make sure to file your case as soon as possible. Should you enter your case into court after the statute of limitation, it follows that your case may be dismissed, regardless of what strong evidence you might have.
Exceptions and Extensions
If you are getting close to the end of the Florida statute of limitations, you might want to look into some exceptions or extensions that could help you file your personal injury claim. As an exception, there are a few situations where you can file a personal injury case in Florida two years later than the regular two-year limit.
One helpful but out-of-date part of Florida law is the “discovery rule,” which is used when an injury could not have been found at the time it happened. This could make the time limit last longer, starting from when the damage was found or when it should have been found instead of when it happened.
Other well-known exceptions in Florida are those that protect children. In some cases, the statute of limitations may be pushed back if the person who was hurt was younger than 18 at the time of the accident. If the defendant was responsible for the harm at the time it happened, left the state, and did not come back, the length of time they were not in Florida may not have an effect on the statute of limitations.
Consult a lawyer to see if any exceptions or extensions apply to your case to avoid losing your right to compensation for your injury.
The importance of acting promptly
Taking action now will protect your legal rights and prevent you from not meeting Florida’s statute of limitations in a personal injury case. Time is of the essence for personal injury claims in Florida. Waiting too long can cost you the right to seek compensation. Time shall be of the essence in ensuring that any cause of action for personal injury be started promptly under the circumstances.
Waiting too long can lead to the loss of relevant evidence, blurred memories, and a muddled narrative. Waiting too long will only disadvantage you in the battle against the guilty party. Handling the concerned parties swiftly allows you to gather evidence, obtain witness statements, and preserve facts before they become too hazy in everyone’s memory.
It is always a good idea to talk to an experienced lawyer about the cases and extensions in question. This would help you understand how these rules work and when the important dates are, which would increase your chances of getting the money you deserve.
