Statute of Limitations

In Florida, all personal injury claims are subject to a statute of limitations. This statute of limitations is the amount of time an injured party has from the date of the injury to file a law suit against the responsible party. If an injured party does not file the law suit within that certain amount of time, they are no longer entitled to bring their claim to court. Depending on the type of accident and injury, you may have as little as two years to file suit. The statute of limitations for car accident cases is usually four years. In almost all personal injury cases in Florida, if you do not file suit within the allotted time frame, you are forever barred from ever getting legal relief from the court. One exception where someone might be able to extend the statute of limitations would be under the “discovery rule.” In some cases, injuries may not be discovered until much later and sometimes not until after the statute of limitations has expired. In that situation, a new statute of limitations would start running from the time the injury was discovered and not when it actually occurred. The “discovery rule” only applies in a very limited amount of cases so do not depend on that rule for your case.

If you’ve been injured in an accident, time is not your friend as memories fade, reports are lost, and witnesses disappear while your statute of limitations continues to tick. As such, it is important to contact an attorney immediately after an accident in order to ensure that all deadlines are complied with and important evidence, medical records, and bills are preserved. An attorney will also be able to monitor the statute of limitations on your case. If you’ve been injured in an accident, call Givens Givens Sparks for a free case evaluation and explanation of your legal rights.

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