Florida Statute of Limitations: How Long Do I Have to File a Claim?

After an accident, sometimes you just need some time to get over the shock of the whole experience. The first thing on your mind is to get medical attention and make sure that you are able to heal – both physically and emotionally – from your injuries. All of this is well and good, but it's important that you do not wait too long to file a personal injury claim.

There are limitations to how long you can wait before filing a claim to recover damages for your injuries. The laws for these limitations are known as the Florida statute of limitations. In the case of personal injury, the statute is found in 2014 Florida Statutes §95.11:

  • WITHIN FOUR YEARS: Personal injury based on negligence
  • WITHIN TWO YEARS: Medical malpractice & wrongful death

What if I didn't realize I was injured until it was too late to file a claim?

The law does offer protection for individuals whose injuries did not appear until the time limit for filing a claim had already passed.

For example, a person who underwent surgery more than two years ago begins noticing pain in his abdomen. He visits the emergency room, only to find that a foreign object was left inside his abdomen during surgery two years prior. He certainly has a case for medical malpractice, but the two year time limit has passed. What are his options?

Since he was entirely unaware that he was a victim of medical malpractice until he noticed the pain, the time limits are revised. He now has two years from the date he realized he was injured to file a claim.

It is important to note, however, that this law only applies to medical malpractice and does not pertain to regular personal injury claims.

Consult a Coral Springs Personal Injury Attorney Before Filing

Have you been injured in an accident? Even if it happened some time ago, the Law Offices of Jason S. Goodman, P.A. can help. We know Florida's statute of limitations and will work hard to win the compensation that you deserve for your accident.

Contact us today at (954) 603-2895 to receive a FREE case evaluation!

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