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Learning More About The Florida Personal Injury Statute Of Limitations


Learning More About The Florida Personal Injury Statute Of LimitationsFlorida is home to more than 19.5 million people, making it the fourth most populous state in the country. It’s well-known for everything from oranges to Universal Studios, but that large population also means that there are also numerous personal injury lawsuits that occur within the state each year.

Injuries happen daily, but when they’re caused by someone else it’s important to seek out the compensation that you may be owed. With things like medical bills, lost wages, and property damage all factoring into an accident, the financial strain can add up quickly. The big consideration that must be made is whether or not there is actually fault on the part of another party. If there is, seeking compensation is a good idea.

But what if an accident happened years ago? It’s important that you try to get compensation for injuries as soon as possible after an accident. The longer you wait, the more difficult it will be to prove your case and to get the compensation that you may deserve.

In fact, there are actual rules in place that place time limits on your ability to seek restitution. This is known as the Statute of Limitations, and it varies from situation to situation. The two primary things to remember are:

  • Wrongful death suits must be brought into the court system within two years of the accident leading to the death.
  • Personal injury cases must be filed within four years of the accident.

There are numerous reasons where someone may fail to seek legal action immediately after their injury – they may not realize they have legal grounds or may be too injured to pursue action, for example. If any time has passed, the odds are good that the other party’s legal representative will try to examine the statute of limitations. And if those time limits have passed by, the odds are that you won’t have much of a case.

However, there are a couple of strategies that your personal injury attorney can use to potentially extend those statute of limitations to some degree. The two primary options are:

  • Tolling – This occurs when certain situations are met and basically stops the clock for a duration of time. For example, if the victim is a minor when the accident occurs or if the liable party in the accident files for bankruptcy, there is a chance that a court will use tolling to extend the statute of limitations.
  • Date Differences – Specifically, if an accident occurs and injuries aren’t discovered for weeks, months, or years afterwards, then the statute of limitations will often be extended. The statutes begin to take effect when the health issue is discovered or when it should have been discovered with basic due diligence. A perfect example of this is when chemical exposure is found to have caused health issues years after exposure. Once the health issues are found, the statute of limitations will begin.

Just because you have time to file a claim, and even have the chance to extend that deadline, that doesn’t mean that you should wait. The faster that you seek compensation for your injuries, the better your odds of getting a settlement will be. It not only looks better in the eyes of the court, but allows you to get representation while the facts of the case are still fresh in your mind. This is a much more important consideration than many realize.

Simply put, when you’re injured you need to seek legal assistance as soon as you are able. You still have a chance to extend statute of limitations, but why would you wait to get the help and compensation that you deserve? Contact us to learn more about what we can do for you.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

Learning More About The Florida Personal Injury Statute Of Limitations

Goldman Babboni Fernandez
Murphy & Walsh




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