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What Are The Acceptable Reasons For Late Filing of Personal Injury Claims In Florida?


Under Florida law, you are given up to 4 years to file a personal injury lawsuit against the at-fault party from the date and time of the incident. 4 years is a long time, enough for anyone to get things done. However, this does not mean that you can relax first and wait until the last minute before filing your case.

There are only a few acceptable reasons for your tardiness in submitting your personal injury claim. Unless you fall under these 3, your claim will be forfeited and you will the chance to get your claim.

Mental Or Physical Disability When the person who is meant to file a personal injury lawsuit has mental or physical disabilities, their tardiness in filing can be excused. People who have disabilities may not be able to function well enough to start the process of filing, thus resulting in delays. As it hinders their movements and capabilities, they can be excused and given an extension.

The Person Filing Is Still Underage Minors cannot immediately file a personal injury lawsuit until they are of age. This means that when the accident happened when they were still minor, the filing process will be frozen until they reach 18 years old. Until then, even if it takes more than 4 years, it is okay for them to not file the lawsuit immediately.

The Person Is Currently Not In The State This is only valid when the defendant has a very good reason why they are currently not in Florida. A long-term vacation will not guarantee a filing extension. On the other hand, education and health treatment can be appealed. The filing duration will be extended until that person finally comes back to the state.

Prepare Your Requirements For Faster Filing

Time is of the essence. Seeking the help of a personal injury lawyer can help you gather your needed requirements so you can file as soon as possible. To get you started, here are the common requirements you should prepare.

Collected Evidence The at-fault party can always try to deny their recklessness so gathering evidence about their negligent actions would be very helpful. Part of the evidence is also the harm and damages you suffered from the accident. Take photos, request footage, and collect statements from witnesses to strengthen your case. Have them ready for the day of the filing.

Prepare Your Medical Records Include all the hospital records you have, from simple regular check-ups, prescriptions, doctor’s statements, to hospitalization bills. Your medical records will prove that you needed medical help for the injuries you have suffered because of the accident and another person’s negligence.

It is very important to note that while you have the complete requirements and even if you have acceptable reasons for delaying the filing, there is still no guarantee that your time limit will be extended. If you want to increase your odds of receiving an extension, getting advice and assistance from a personal injury lawyer is the way to go.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

What Are The Acceptable Reasons For Late Filing of Personal Injury Claims In Florida?

Goldman Babboni Fernandez
Murphy & Walsh




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