Each state has its own statute of limitations laws. To complicate matters, most states have different limitations for different case types. For example, a state can have separate limitations periods for: personal injuries, medical malpractice, wrongful death, or slander. In personal injury cases, there is usually specific amount of time you have to either settle your claim with the insurance company, or file a lawsuit. If that time period passes, and you haven’t settled your claim, you will lose your right to sue for damages. After the limitations period your case is closed.
When it comes to personal injury cases in the state of Florida, there are specific laws you should know when you’re considering filing a lawsuit against someone. Like most states, Florida has a law on the books that sets a time limit on filing a lawsuit against a person or business that may be at fault for your injury claim. This law is called a “Statute of Limitations”.
Florida statute 95.11 states that you have 4 years from the date of the injury to file a lawsuit on the civil courts. If there is a death, the window to file your claim is 2 years from the date of the death, not the accident itself. If the lawsuit is against a county, city, or state government, you only have 3 years to file your case. If you miss this window,
Some reasons you may miss the time to file your claim may include:
- The person at fault has no insurance.
- An agreement was made for the person to make payments, but they stopped paying after the statute of limitations time frame.
- The injured and the insurance company are not able to come to an agreement.
- The person who caused the accident left the scene of the accident.
When you are hurt, the thing that matters is getting help from someone who knows what they are doing. Working with a personal injury attorney and a firm you can trust is so very important. At Oldham & Smith, we are experienced in representing clients who have been injured. We offer a trusted reputation and solid record of results. For more information or to speak directly with an attorney call (352) 292-1620 or contact us by email today.