In each and every legal matter, there are laws set in place to help ensure all parties are treated fairly, given the same ground rules.
Understanding these laws is crucial if you ever find yourself in a legal situation.
In the case of Personal Injury in Florida, there are deadlines to consider in addition to the State’s unique “no-fault” insurance policies.
So, let’s take a look at what you may need to know in regards to the Statute of Limitations in your Florida personal injury claim.
Statute of Limitations Explained
The Statute of Limitations in a personal injury case is the amount of time you have to begin the official claims process.
After an accident, there are numerous tasks that must be done, from filing a police report to seeking medical attention and trying to handle life in between, you’ve got a lot on your plate. However, it is crucial that you remain aware of the amount of time you have to file a claim. It is best to begin working with an attorney as soon as possible to remain within state law.
Deadlines to File a Personal Injury Claim in Florida
Per Florida Statutes Annotated section 95.11(3), any individual involved in a car accident has four years from the date of the accident to file a personal injury claim. This four-year deadline is serious and no leeway will be given. For this reason, we always recommended that you seek legal counsel as soon as you’ve been in an accident. You may feel as though you’re fine, however, an injury may not present itself right away. Seek medical attention and maintain timeliness when filing a claim. Personal injury can be a tricky situation that you don’t want to skip over only to end up being prohibited from taking legal action.
Read More: 5 Steps To Hiring a Personal Injury Attorney
Tolling or Extending Statute of Limitations
You may be wondering if there are any exceptions to the four-year statute of limitations rule. This is what is referred to as “Tolling of the Statute of Limitations” – essentially pausing or postponing the claims process.
This can be achieved under the following circumstances:
If you were severely injured in a car accident that left you or a loved one with a disability that prevented or drastically slowed down the claims process, you may be granted an extension to the Statute of Limitations.
If it has been discovered that another party involved has made fraudulent claims with fabricated documentation, you may be granted tolling of the Statute of Limitations.
Each personal injury case is different and there are many reasons that tolling may be a good option to pursue.
All in all, to best understand how this process works, we always recommend seeking legal advice from a hired attorney. The Statute of Limitations is a key factor in ensuring that your case remains viable and tolling can get tricky.
If you’d like to speak with one of our highly knowledgeable lawyers, give our office a call today.