Exceptions to Florida’s Statute of Limitations for Personal Injury Claims
When it comes to filing a personal injury claim in Florida, timing is everything. You lose your right to file a lawsuit if you fail to initiate the legal process within the applicable time limit. In Florida, the statute of limitations for negligence-based personal injury claims is four years.
However, just because the statute of limitations expired does not necessarily mean that you are barred from filing a lawsuit. Florida law recognizes exceptions to the statute of limitations for personal injury claims.
It is advised to contact a Miami personal injury attorney if you were injured due to someone else’s negligence. An experienced attorney at Pita Weber Del Prado will assist you with filing a claim to fight for the compensation you deserve.
Note: While Florida law allows you to pursue a lawsuit within four years from the date of the accident, you should not delay filing a claim and negotiating a settlement with the negligent party. After all, evidence can disappear or be tampered with, and memories can fade over time.
What Are the Exceptions to Florida’s Statute of Limitations for Personal Injury Claims?
Florida law recognizes several exceptions to its statute of limitations. You may not be bound by the statute of limitations if:
- If you were deemed “incapacitated” or suffered a mental illness at the time of the accident (consult with a knowledgeable personal injury lawyer in Florida if you are considering extending the filing deadline due to incapacity or mental illness);
- If the at-fault party whose negligence caused your injury left Florida after the accident and before you had a chance to file a lawsuit; or
- If the at-fault party delayed or obstructed the legal process by concealing themselves, changing their name, hiding their identity, etc.
Other Factors That Might Impact the Statute of Limitations
There are other factors that could either shorten or lengthen the statute of limitations in your particular case:
- The type of your case. Certain injury-based civil litigation cases, including medical malpractice and wrongful death, have different statutes of limitations.
- The age of the injured party. Under the Florida Statutes Section 95.051, if you were under the age of 18 when the accident occurred, you are legally allowed to file a lawsuit against the defendant within seven years after the date of your injury.
- The discovery of your injury. If your injury or condition could not be reasonably discovered immediately after the accident, the statute of limitations clock starts ticking from the date you discovered your injury.
- A claim against the government. Typically, there is a shorter statute of limitations for claims against government or public entities in Florida.
- Civil sexual assault claims. Florida law provides an extended time limit for sexual assault victims to bring a civil claim against the perpetrator to seek financial compensation.
It is advised to talk with an experienced personal injury attorney in Miami to determine whether any of the above-mentioned exceptions apply to your particular case. Contact Pita Weber Del Prado to schedule a case review. Call at 305-670-2889.