Some Important Facts About Florida’s Statute Of Limitations For Personal Injury Lawsuits
A personal injury is an injury that occurs due to the negligent act(s) of another party. After sustaining a personal injury in Florida, you have the right to file a personal injury lawsuit against an at-fault party. However, you must note that a victim of negligence has a limited amount of time to file a personal injury lawsuit. The statute outlining the limited period during which you must file your personal injury lawsuit is known as the statute of limitations. If you were in an accident that was another party’s negligence, whether recently or sometime back, you need to be informed about the statute of limitations. This article discusses some crucial facts about Florida’s statute of limitations for personal injury lawsuits.
Why Does the State of Florida Have a Statute of Limitations for Personal Injury Lawsuits?
One of the main reasons Florida has a statute of limitations for personal injury lawsuits is to ensure that defendants don’t become victims of unfair legal action. After many years, a defendant might not be in possession of crucial evidence relevant to defending themselves.
What Is the Statute of Limitations for Personal Injury Lawsuits in the State of Florida?
Under Florida Statute 95.11(3)(a), an individual has up to four years to commence an action or file a claim founded on negligence. The statute of limitations for most personal injury claims begins running from the date an accident or injury occurs. In limited circumstances, the statute can start later on after an accident has occurred. For instance, in a situation where an injury is not readily apparent, the statute of limitations does not begin until a victim discovers their injury or until the time they are expected to have discovered their injury. This is why you should seek prompt medical attention after being involved in an accident, even when you think you haven’t been injured.
What Happens When the Statute of Limitations Expires?
Unfortunately, if you sustain a personal injury only for you to file a lawsuit after the statute of limitations has expired, your case might be dismissed. If your claim is dismissed, you will not be able to receive compensation for your injuries.
Why Should a Victim Take Action if They Have Plenty of Time Left on the Statute of Limitations?
Mostly, it would be best if you took action immediately after falling victim to another party’s negligence to avoid diminishing the value of your personal injury claim. If you wait to take action, you might have difficulty locating witnesses. Even if you can still manage to find witnesses, keep in mind that a person’s memories and recollection of events can change over time. Inaccurate witness accounts can highly affect your personal injury case. Additionally, taking prompt action after an accident ensures that evidence does not get misplaced, tampered with, or destroyed. If crucial evidence is misplaced, tampered with, or destroyed, the value of your case may be diminished.
Contact Us for Legal Help
If you are in Florida and suffered injuries because of another party’s negligent act(s), contact a Miami personal injury attorney at The Pendas Law Firm for a free consultation. We can help you file your lawsuit within the prescribed time frame and obtain fair compensation.
The Pendas Law Firm also represents clients in the Fort Myers, Fort Lauderdale, Tampa, Jacksonville, Ocala, Bradenton, Orlando, Daytona Beach, and West Palm Beach areas.