If you’ve been injured due to someone else’s negligence, time is not on your side. Florida law sets strict deadlines for filing a personal injury lawsuit, and missing them could mean losing your right to compensation. So, how long do you have to file a personal injury lawsuit in Florida? Let’s break it down.
Florida’s Personal Injury Statute of Limitations
As of March 2023, Florida law requires most personal injury claims to be filed within two years from the date of the accident. This includes cases involving:
- Car accidents
- Slip and falls
- Truck accidents
- Motorcycle accidents
- Wrongful death
Before this law change, the deadline was four years, but under the new rules, you now have only two years to take legal action. If you miss this deadline, the court will likely dismiss your case, and you won’t be able to recover compensation.
Exceptions to the Two-Year Rule
While two years is the general deadline, some exceptions can extend or shorten this timeframe:
1. Medical Malpractice Claims
If you’re suing for medical malpractice, you typically have two years from the date you discovered (or should have discovered) the injury. However, there is a hard cap of four years, even if you discover the injury later.
2. Claims Against Government Entities
If your injury involves a government agency (like a city bus accident or a fall on public property), you must file a notice of claim within six months before you can sue. Special rules apply, so working with an attorney is crucial.
3. Wrongful Death Lawsuits
If you lost a loved one due to negligence, Florida law gives you two years from the date of death to file a wrongful death lawsuit.
4. Cases Involving Minors or Incapacitated Individuals
If the injured person is a minor or legally incapacitated, the deadline may be extended. However, exceptions are complex and should be discussed with an attorney.
Why You Shouldn’t Wait to File a Claim
Even though you have up to two years, waiting too long can hurt your case. Evidence can disappear, witnesses may forget details, and insurance companies may use delays against you. Acting quickly strengthens your chances of receiving fair compensation.
Let The Black Law Company Fight for You
At The Black Law Company, we understand Florida’s personal injury laws inside and out. If you’ve been injured, don’t wait until it’s too late. Call us today at 813-321-7380 for a free consultation, and let’s get started on your case before the deadline passes.
This post was written by Okoye Morgan Jr., a black attorney near me and lawyer with extensive knowledge as a personal injury law firm Parramore FL. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.
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