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How Long After A Florida Accident Should You File A Personal Injury Claim?


When you suffer a serious injury in Florida because of another party’s negligence, you have the right to file a personal injury insurance claim or lawsuit and obtain compensation from the at-fault party. If another party caused your injuries, they might owe you both economic and non-economic damages. Economic damages may include expenses or losses such as medical expenses, lost wages, and property damage expenses. Non-economic damages may include mental anguish, pain and suffering, and loss of consortium. Sometimes, depending on the circumstances, plaintiffs are even able to recover punitive damages.

After suffering a personal injury, healing should be your priority. However, while it is crucial for you to focus on healing, it is important that you also think about taking steps to protect your right to compensation. One of the most critical steps you can take to protect your right to compensation is to file a personal injury claim on time. But, exactly how long after suffering a personal injury should you file a claim to ensure you protect your right to compensation? Read on to find out.

Florida’s Statute of Limitations

The statute of limitations for the majority of Florida personal injury cases, including auto accident cases, is four years. Usually, the statute of limitations clock begins ticking on the date of your accident. If you let the statute of limitations expire before filing a personal injury claim, the court will most likely not hear your case. However, as is with many other laws, there are exemptions. For example, the lawsuit-filing window could be extended, and the court could hear your case even after four years have passed, in a situation where it took you some time after your accident to discover you were injured.

How Long After a Florida Accident Should You File a Personal Injury Claim?

Just because you have four years to file a personal injury claim doesn’t mean you should wait to take action. It is recommendable that you file your personal injury claim as soon as possible after your accident. Regardless of whether it’s a personal injury lawsuit or an insurance claim, it is a good idea for you to get started on the process as soon as you can after your accident.

You don’t have to wait until you make a full recovery for you to file a claim. However, you need to avoid resolving your case before you have fully understood the nature and extent of your injuries and damages. Before accepting an offer, you want to make sure you have reached “maximum medical improvement” (MMI). When you reach MMI, it means you have either completely healed or gotten to a point where you are as healthy as you are going to be. Generally, there is no harm in filing a personal injury claim before you reach MMI. You just need to ensure you don’t accept an offer before you have a clear picture of your past, present, and future damages.

Contact Us for Legal Help

If you’ve suffered a personal injury in Florida and need help filing a personal injury claim, contact our Fort Myers personal injury attorneys at The Pendas Law Firm. We have years of experience helping clients hold at-fault parties accountable and obtain the compensation they deserve. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Miami, Tampa, Ocala, Daytona Beach, Bradenton, Fort Lauderdale, Orlando, Jacksonville, and West Palm Beach areas.



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