If you have sustained injuries or an illness as a result of another party’s negligence, understanding your legal avenues is paramount to securing rightful compensation. Many individuals remain unaware of the specific deadlines applicable to filing a personal injury claim. Please continue reading to discover Florida’s statute of limitations for personal injury claims and how our dedicated Bradenton Personal Injury Lawyers can assist in protecting your legal entitlements.
What is the Statute of Limitations for Personal Injury Claims in Florida?
In Florida, the statute of limitations sets the deadline for filing a personal injury lawsuit after an injury occurs. Failing to file within this timeframe will result in the dismissal of your claim, preventing you from seeking compensation. This is known as the absolute bar of recovery.
The statute of limitations for personal injury claims in Florida is two years. Nevertheless, there are certain exceptions in which the statute of limitations may be tolled, meaning the clock will start at a different time:
- Minors: The standard statute of limitations for minors doesn’t begin to run until they reach the age of 18.
- Legal Disabilities: If an individual is under a legal disability, such as being under guardianship, the statute may be paused until the incapacitation is removed.
- Medical Malpractice: In cases involving medical negligence, the statute of limitations may be tolled if the injury was not immediately discovered.
- Wrongful Death: In wrongful death cases, the statute of limitations will begin on the date of the individual’s passing.
- Intentional Acts: The statute of limitations for intentional torts like assault and battery is four years.
- Product Liability: In some cases, the statute of limitations in these cases may extend to four years depending on the unique circumstances.
How Do I File a Claim Against the Government?
Initiating a claim against a government entity or its employees requires filing a Notice of Claim. It’s important to understand that the government is shielded under sovereign immunity, making it much harder to sue them. However, Florida has waived a degree of this protection under the Tort Claims Act.
Before you can pursue legal action against a government entity or employee, you need to file a formal notice with the appropriate agency, typically within a shorter timeframe than the general two-year statute of limitations. This notice informs the government that it may be subject to a claim for damages, providing them with the opportunity to investigate the claim’s merits.
Failure to file a claim within this specified timeframe will result in the court dismissing the case, as you relinquish your right to pursue compensation. To ensure you file your claim within the right timeframe, it’s in your best interest to connect with an attorney at Becker & Lindauer, LLC.
