One of the essential aspects of filing a personal injury claim is knowing the statute of limitations. It’s crucial to act promptly as the timeline for filing a personal injury claim can be short. It might also vary based on different factors, including the type of accident and injury.
What do you need to know about how long you have to file a personal injury claim in Florida?
Statute of Limitations
The statute of limitations refers to the legal timeframe within which you can file a lawsuit or claim.
In Florida, the statute of limitations for most personal injury claims is four years from the date of the accident. This means that you have four years from the date of the accident to file a personal injury claim.
There are exceptions to this deadline for certain types of accidents. For instance, if you’re filing a claim against a government agency, the timeline may be shorter.
Discovery Rule
The discovery rule states that the statute of limitations countdown begins from the date you discovered or reasonably should have discovered the injury.
For instance, if you’re diagnosed with a medical condition two years after an accident, the diagnosis can restart the window of time you have to act. This rule may apply in cases where the injury is not visible or apparent right after the accident, such as in cases of internal injuries or brain injuries.
Insurance Company
It is standard practice for insurance companies to require claimants to file their claims promptly. Most insurance companies require you to report the accident within 24 to 72 hours of occurrence. Failure to do so may result in denial of your claim or a reduction in your settlement amount.
For this reason, it is advisable to hire a personal injury attorney immediately after the accident to ensure you comply with all insurance and legal requirements. Working with an attorney also protects you from the tactics an insurance company might use to get you to settle your claim quickly.
Severity of the Injury
The severity of the injury plays a significant role in determining how long to file a personal injury claim in Florida. Injuries that require extensive medical treatment, ongoing care, or financial losses, such as lost wages, may take longer to settle.
In such cases, it is advisable to wait until the extent of the injury is clear before settling the claim. However, filing a claim too late may result in losing your right to compensation. Your attorney can help you navigate deadlines and determine when to file.
Contact a Personal Injury Attorney
Personal injury cases can vary in complexity, depending on the accident and the parties involved. Complex cases may take longer to investigate and settle. In such cases, it is advisable to consult with a personal injury attorney who can guide you on the best approach to your case. Your attorney can ensure that all legal and insurance requirements are met and help expedite the settlement process.
Filing a personal injury claim in Florida requires prompt action and adherence to legal and insurance requirements. Several factors affect the timeline for filing a claim. An attorney understands these timelines and will ensure that you don’t miss any important deadlines.
If you’ve been injured and you’d like to speak to someone about your case, contact the Geller Injury Law Firm at (813) 337-7798.
