Were you injured in a car accident, a slip and fall accident, or another type of accident because of someone else’s negligence? If so, you’ll have to file a personal injury claim within a specific period of time. Florida, like all states, imposes a deadline for filing a personal injury claim against an at-fault party. This deadline is referred to the “statute of limitations.” If you delay and file a claim after this window has expired, you lose the right to financial compensation permanently.
In Florida, the law that covers the statute of limitations in personal injury cases can be found under Section 95.11(3) of the Florida Statutes. Under Sec. 95.11(3), injured parties have four years to file a personal injury claim for damages in civil court. If you procrastinate and don’t file your case within this four-year window, the court will almost certainly reject your case and you’ll have no other legal recourse.
What if I Found Out Later?
There are situations where the injured party (plaintiff) doesn’t discover that their injury or illness is from a particular accident or incident for some time. The individual may have all kinds of health problems, which leads to numerous doctors’ visits and tests and finally, they trace the injury or illness back to a specific incident. When an injury or illness is discovered after some time passes, it may be possible for the deadline to be extended.
“What if I’m partially responsible for the accident?” There are situations where the plaintiff is somewhat responsible for the accident and their injuries. If you’re partially responsible for your injuries or for making them worse, your percentage of fault could reduce the amount of compensation that you receive from the at-fault parties under Florida’s “comparative negligence rule.”
We hope this article helps you better understand the statute of limitations for filing a personal injury claim in Florida. To file a claim for compensation, contact The Law Offices of Jason K.S. Porter, P.A. at (904) 701-0591 for a free consultation.