How Long Do You Have to Sue Someone for Personal Injury?
If you’re injured during an accident, or in a Florida business or home, it’s only fair that you are compensated for your injuries. Sometimes the appropriate amount is limited to paying for your medical bills, but many times there are additional factors. It’s common for the other party’s insurance company — if they have insurance at all — to give you a very low offer. If you’re going to get the compensation you deserve, you often have to sue in court.
Having the help of a personal injury attorney is essential, and it’s also important to know how long you can wait before you file your lawsuit. Here’s what you need to know!
What is a Personal Injury Statute of Limitations?
Almost every legal issue has a limit on how long you can wait before you pursue the matter in court. This is called a statute of limitations. The limits are designed to ensure that the case is handled within a reasonable amount of time. Bringing your case sooner rather than later helps preserve evidence, keeps eyewitness accounts fresh, and helps the circumstances of the matter be obvious. Imagine trying to sue a store several years after they permanently closed! It would be hard to prove the facts of the injury.
When you’re injured in Florida, there are several things to keep in mind to ensure you meet the personal injury claim time limits. The two most important are what type of case you have and when the countdown starts for the statute of limitations.
How Long Do You Have to File?
Different types of injury claims have different time limits. For instance, a personal injury claim in Florida must be filed within four years of the incident. However, a wrongful death claim must be filed within two years of the occurrence. Medical malpractice and worker’s compensation lawsuits in Florida need to be filed within two years of the injury. Product liability can either be two years or four, depending on the circumstances. In most cases, the countdown starts when the injury occurs. For instance, if you slip and fall in a store, that day is the date your four-year countdown begins.
In some cases, you might not realize you’re injured right away. Or you might not realize that someone else caused the problem. This commonly happens if a doctor misdiagnoses you or prescribes the wrong treatment. For these injuries, the countdown begins when a reasonable victim would discover the injuries. If you’re in this situation, work with a qualified injury lawyer to help prove your case. Those under 18 when they were injured may be given extra time to file, beyond the standard limits. Florida law states that minors have seven years after the date of the injury to file a lawsuit.
Work with Experience Injury Attorney to File Your Case
Don’t assume you have to accept an insurance settlement. Many times these offers do not include proper compensation for pain, suffering, and even negligence. To get the award you deserve, work with a professional injury attorney on the case.
How long do you have to sue someone for personal injury? It depends on the circumstances and when the injury was discovered. If you’re ready to get the settlement you deserve for your damages, contact us today for a free consultation.
Don’t let time run out — get the benefits you deserve now!