What is the Statute of Limitations in Personal Injury Cases?

For injuries that occurred before March 24, 2023, the prior law (4 years) may still apply.

Florida law allows those injured by someone else’s negligence to file a personal injury lawsuit to recover compensation for damages and losses. However, you have a finite amount of time to file a claim. 

Garnes Injury Law understands the urgency of personal injury cases and is here to help you overcome the obstacles that keep you from compensation. 

This learning resource will answer the question, “What is the statute of limitations in personal injury cases?”, provide insights into potential exceptions, and highlight what our Pembroke Pines personal injury lawyers can do to help you recover compensation for the harm you’ve suffered.

How Long Do I Have To File A Personal Injury Lawsuit in Florida?

In March of 2023, Florida enacted HB 837, which dramatically changed how long you have to file a personal injury case in the state. 

Before its activation, injured parties had four years to file a claim. Injured parties now only have two years to file a claim for accidents occurring after March 24, 2023.

There are a few exceptions that may extend this statute, including:

• if the injured party is a minor
• if the injury was not immediately apparent
• if there was an attempt to conceal the injury
• if the accident involved a government or municipal entity
• if there is ongoing medical treatment related to the injury
• if the defendant leaves the state before being served with a notice of intent to sue
• if the accident occurred before March 24, 2023

These exceptions won’t extend the time you have to file indefinitely. However, they may provide some relief and allow the injured party to file a claim after the two-year time limit. 

To understand how the law and potential expectations apply to your personal injury case, consult a lawyer as soon as possible.

What Compensation Can I Receive If I File Within the Statute of Limitations?

Filing a personal injury claim within the required timeframe doesn’t guarantee a specific compensation award. 

However, it does preserve your right to potential compensation and ensures qualifying economic and non-economic damages are considered in a final settlement or verdict. 

Compensatory damages for claims filed within the state-specified timeframe may include:

• Medical expenses such as current and future costs for treatment, therapy, medication, and medical equipment.
• Lost wages if your injuries prevent you from working or require you to take time off. Compensation for diminished earning capacity is also possible if your injuries keep you from doing the same job or earning the same amount of money as before the accident.
• Pain and suffering, including physical, emotional, and mental anguish caused by your injuries.
• Loss of consortium if your injuries have affected your relationship with a spouse or family member.
• Funeral and burial costs if the accident resulted in the wrongful death of a loved one.
• Out-of-pocket expenses related to the accident, which may include transportation costs, home modifications for disability accommodation, and any other expenses directly related to your injuries.
• Property damage, including repairs or replacement of personal belongings such as a car, bicycle, or mobile phone.

The total amount you receive will be based on several considerations, including but not limited to:

• the severity of your injuries
• the effect of the accident on your quality of life
• the level of negligence shown by the party who caused the injuries
• any responsibility you may share for the accident
• the amount of compensation you have received from other forms of compensation such as PIP or workers’ compensation

Hiring a personal injury lawyer to handle your case can help ensure that the full extent of your damages is considered and calculated, maximizing your chances of receiving fair compensation for any accident-related harm or expenses.

What Are Qualifying Injuries for a Personal Injury Claim?

Filing a personal injury claim or lawsuit within a state-mandated time frame requires that you have sustained injuries or damages as a result of the accident. Common types of injuries in personal injury cases include:

• Traumatic brain injuries
• Spinal cord injuries
• Soft tissue injuries
• Whiplash
• Broken bones
• Burns
• Scarring and disfigurement
• Emotional trauma such as PTSD or anxiety

Unfortunately, pain or discomfort from these injuries may keep you from filing a personal injury claim or lawsuit within the statute of limitations. That is why, no matter how insignificant the accident or your initial injuries seem, you should always consult a personal injury lawyer to determine if you have a case.

How Do I File A Personal Injury Claim?

Depending on the specifics of your case and injuries, several pieces of evidence can be helpful when filing a personal injury claim, including but not limited to:

• Medical records and bills related to your injuries
• Police reports or incident reports from the scene of the accident
• Witness statements or contact information for witnesses at the time of the accident
• Photos or videos from the scene showing any damages or injuries sustained
• Documentation of lost wages or income due to your injuries

Some of this evidence may be hard for you to obtain on your own. This is especially true for those suffering from catastrophic injuries such as blunt force head trauma, spinal cord damage, or amputations.

Hiring an experienced personal injury attorney can help you in the evidence-gathering process. They can request records on your behalf, talk to witnesses and experts, and help build a strong case for maximum compensation.

How Can A Lawyer Help Me?

Filing a personal injury case within the statute of limitations is only one of the many ways that a lawyer can help you recover maximum compensation for the harm you’ve suffered. Other benefits of hiring a lawyer include:

• Free case evaluations: The financial burden of hiring a lawyer is often a concern for those recovering from an accident. Most personal injury lawyers offer free case evaluations, allowing you to discuss your case and potential options without any upfront costs or added financial stress.
• Knowledge of the law: Personal injury laws are complex, especially in no-fault states like Florida. A lawyer can help you understand your rights so that you can pursue all available avenues of compensation.
• Negotiation skills: Insurers and the at-fault party may be unwilling to offer you a fair settlement without the pressure of legal representation. A lawyer can negotiate with these parties, fighting for the maximum compensation you deserve.
• Trial experience: If your case goes to trial, having an experienced personal injury attorney may significantly increase your chances of a favorable outcome. Their aggressive litigation tactics can combat false narratives, unscrupulous claims, and other schemes insurers use to minimize payouts.
• Emotional support: Recovering from an accident takes a toll both physically and mentally. A personal injury attorney can provide emotional support and guidance throughout the legal process, helping alleviate some of the stress and burden of pursuing a personal injury case.

No matter how clear-cut or straightforward your case may seem, without the help of a lawyer, you may fall prey to tactics that diminish or deny your claim. Keep your road to recovery smooth and stress-free by hiring a personal injury attorney as soon as possible after an accident.

Florida Statute of Limitations FAQs

Why is there a time limit to file a personal injury case?

Ultimately, the statute of limitations exists to benefit accident survivors. It encourages people to promptly seek legal action and compensation for their injuries, promoting a more efficient and timely resolution.

Can I get more time to file my personal injury case?

There are certain circumstances where the filing deadline may be extended or “tolled” in Florida. However, some specific processes and requirements must be met in order for this to occur, and it is best to consult with a personal injury lawyer to determine if your case falls under these exceptions.

How do I know if I missed the deadline for filing a personal injury lawsuit?

Generally, the deadline to file personal injury cases in Florida is two years from the accident date. However, there are exceptions to this timeframe, depending on the type of case. If unsure whether you’ve missed the deadline, consult a lawyer who can review your case and advise you on your rights and legal options.

Can I file a personal injury lawsuit if I am partially at fault for the accident?

The new laws surrounding personal injury cases in Florida operate under a modified comparative negligence rule. This means that you may still be able to pursue compensation. Contact a lawyer for assistance in minimizing your fault level and maximizing the compensation you could receive.

How much does it cost to hire a personal injury lawyer?

Your case will likely be handled on a contingency fee basis. This payment scheme can delay costs for legal services until after your lawyer has secured a settlement or verdict in your case. Your legal representative can discuss this further during a free case evaluation.

File a Personal Injury Claim or Lawsuit Within the Statute of Limitations With the Help of Garnes Injury Law

You have limited time to pursue the compensation you deserve after an accident. To recover the settlement you deserve, you must act quickly. 

With the help of experienced personal injury lawyers at Garnes Injury Law, you can rest assured that your case will be handled within the statute of limitations so that you don’t miss out on the financial assistance needed to help your recovery. 

Contact a Florida personal injury lawyer online or at xxx-xxx-xxxx to start the process and protect your rights.