A statute of limitations is the period in which you must file a lawsuit (if you wish to) following an incident. The statutes of limitations in Florida for personal injury cases vary depending on the type of injury that has taken place. The statute of limitations for an automobile accident, for example, is typically four years. However, the statute may be as short as two years in some cases, and as long as five years in others.
Establishing a deadline prevents a potential plaintiff from harassing someone with a lawsuit indefinitely, and it also ensures more credible witnesses and a quicker resolution of the case. Statute of limitations also eliminates the risk of valuable evidence being lost over time.
Because Florida’s personal injury laws are so complex, our personal injury attorneys in Winter Haven, Florida recommend filing your lawsuit as quickly as possible following an accident. If you do not file your lawsuit before the statute of limitations expires, the court will almost certainly toss your entire case out, and you will not be compensated for your injuries. Even if you are in negotiations with the defendant’s insurer when the clock is ticking, the statutes of limitations will still apply. Unless you have accepted a settlement and signed a waiver, you will not be compensated unless you can prove that you filed the suit within the deadline.
How to Determine Your Deadline to File a Personal Injury Claim in Winter Haven
In the State of Florida, the statute of limitations typically begins to run on the date of your injury, or the day you discovered your injury. However, each situation will vary slightly based on a few factors. This personal injury attorney in Winter Haven, Florida is going to explain below:
Date of Injury
Generally, the Florida personal injury statute of limitations begins to run from the date of the actual injury. In these situations, most personal injury cases require you to file your claim within four years of the date of the injury.
However, if you wish to submit a claim for medical malpractice, you must do so within two years of the date of the injury. If you did not discover your injury immediately, this period could be extended by up to two years. In these situations, your Winter Haven personal injury attorney will have to submit your claim within four years of the medical procedure that caused your injury. This four-year time limit is referred to as the “statute of repose.”
Date of Discovery
It’s possible that you may not discover your injuries for weeks or months after being involved in an accident. The statute of limitations begins to run in these types of cases when you discover your injury. Traumatic brain injury (also called craniocerebral trauma) and asbestos poisoning are two examples where this could apply.
The discovery rule, however, may be limited by statutes of repose. The statutes of repose impose a strict four-year deadline on filing a personal injury claim, even if it is difficult to discover your injury within the time limit expires.
Ready to Partner with the Premier Personal Injury Attorney in Winter Haven, Florida?
An experienced personal injury attorney in Winter Haven, Florida can assist you in understanding the complicated statute of limitations requirements that apply to various types of personal injury cases. So, regardless of the type of personal injury claim you have, it’s strongly recommended that you retain an attorney early in the process. This will allow your attorney to build the strongest case possible to help you get the compensation you deserve.
If you are looking for a qualified personal injury attorney in Winter Haven, please feel free to reach out to the team at O’Toole Law Group. Call us today at 863-533-5525, or contact us online to request a free consultation.