It can be devastating to suffer an injury that was caused by another person or company that has left you in a constant state of pain. Whether you have been injured in a job–site accident, car accident, or any other incident due to someone else’s negligence, you may be able to file a claim against the person who injured you — but what is the statute of limitations on this? What if you don’t find out that someone else was at fault until years later?
If you file a personal injury lawsuit after the statute of limitations has expired, you will lose your chance to recover compensation from the party who caused the accident. Are you wondering what your time limit is? Wondering if there are any exceptions that may apply to your case? This negligence attorney in Haines City, Florida is going to explain below.
What is Florida’s Personal Injury Statute of Limitations?
When it comes to personal injury lawsuits, time is of the essence. If you are injured by someone and want to partner with a negligence attorney in Haines City, Florida to take legal action, the sooner you can file your case, the better. The statute of limitations is a law that sets how much time you have to file suit before your right expires.
Per F.S. § 95.11, Florida’s personal injury lawsuits generally have a four-year statute of limitations, starting from the date of the underlying accident. This means that you must file your lawsuit within four years after your injury was discovered.
Exceptions to Florida’s Personal Injury Statute of Limitations
Florida law has identified several scenarios that may delay or pause the “clock” and extend the four-year filing deadline. These include:
- The injured person was legally deemed “incapacitated” at the time of the underlying accident (but an extension under this exception is not open-ended since no more than seven years can pass between the accident and the lawsuit).
- After the underlying accident and before the suit could be filed by your negligence attorney in Haines City, Florida, the defendant left the state of Florida.
- The defendant tried to conceal themselves or change their name or identity to protect themselves from the suit and summons.
What Happens If It’s Too Late?
In most instances, you must file a personal injury lawsuit within four years of your injuries. Failure to do so could result in dismissal — even if you can prove that your injuries are related to another party’s negligence. This means that, if you were injured due to another person’s negligence but did not file your injury lawsuit in time, you would not be able to receive any damages that may have been awarded by a jury.
To avoid potential legal issues and maximize your chances for success, it is best to know when lawsuits can be filed and under what circumstances. If you have any questions related to your case, do not hesitate to contact a reputable negligence attorney in Haines City, Florida.
Looking for the Top-Rated Negligence Attorney in Haines City, Florida?
Under Florida law, your lawsuit could be dismissed if it is filed after the deadline has passed, which could prevent you from recovering damages. To ensure this does not happen, it is important to know exactly when the statute of limitations begins and how long it lasts in your situation.
Are you looking to partner with a reputable negligence attorney in Haines City, Florida that can help you recover the compensation you are entitled to? If so, look no further than Tonya Stewart Law PA. Contact us today at (863) 279-4473 to schedule a free consultation with Tonya Stewart and her legal team.