As we assist you in understanding the timeframe for filing a personal injury claim in Fort Lauderdale, it is important to comprehend Florida’s statute of limitations. This knowledge is important to securing the compensation you deserve.
Generally, you have two years from the date of the accident to file a claim, but some exceptions can either extend or abbreviate this timeframe. At Anidjar & Levine, we recommend consulting with a Fort Lauderdale personal injury lawyer to determine the specific deadline applicable to your case.
General Time Limits for Filing a Claim
In Florida, you have a limited window of time to file a personal injury claim, and it’s important to understand the statute of limitations to avoid missing your opportunity for compensation. You have two years from the accident date to file a claim.
Florida’s statute of limitations sets a deadline for filing a claim, which varies depending on the type of claim and the circumstances. Our team can help you determine exactly how long you have to file a claim. Our Fort Lauderdale personal injury lawyers can help you start building a strong case.
Exceptions to the Standard Time Limit in Fort Lauderdale
When you’re preparing to file a Fort Lauderdale personal injury claim, it’s important to understand that certain circumstances can extend or modify the standard time limit for filing. Here are some instances where the statute of limitations may be different:
Government Entity Involved
Filing a personal injury claim against a government entity in Fort Lauderdale involves a unique set of rules and time limits. In Florida, you have three years to file a claim against a government entity, but you must provide written notice within six months of the incident. Here’s what to know:
- You’ll need to provide detailed information about the incident, including the date, time, and location.
- You’ll also need to specify the government entity responsible for the injury, such as a city, county, or state agency.
- Be prepared to demonstrate government negligence, which means proving that the entity’s actions or inactions led to your injury.
- Understand the liability coverage available for government entities, as it may affect the amount of compensation you can receive.
Minors and Injuries
While going through personal injury claims, it’s important to recognize that certain circumstances can affect the standard time limit for filing a claim. As a minor, you’re not legally responsible for taking action on your behalf. Instead, your parents or legal guardians assume these parental responsibilities, including seeking compensation for your injuries.
In Florida, minors have until their 18th birthday to file a personal injury claim, or their legal guardians can file on their behalf. This extended timeframe acknowledges that minors lack the legal capacity to pursue their claims, ensuring they have ample opportunity to seek justice as they mature.
Discovery Rule Applies
As you handle personal injury claims, you’ll encounter specific situations where the standard statute of limitations doesn’t apply. The discovery rule is one such exception, which delays the accrual of the statute of limitations until you’ve discovered or should have discovered the injury. This rule applies in cases where the injury wasn’t immediately apparent, such as:
- Latent injuries or illnesses caused by toxic substances or environmental factors
- Medical malpractice cases where the injury wasn’t immediately apparent
- Continuous representation by a doctor or medical professional, which tolls the statute of limitations
- Fraud or intentional concealment by the defendant, which also tolls the statute
Tolling the Statute of Limitations
In addition to the exceptions for minors, other circumstances can pause or “toll” the statute of limitations, giving you more time to file a personal injury claim. These circumstances can provide an extended filing period, allowing you to focus on your recovery before pursuing legal action.
Some situations that can toll the statute of limitations include:
- If you were mentally incapacitated or disabled at the time of the injury, the clock won’t start ticking until you’re deemed capable of taking legal action.
- If the person responsible for your injury leaves the state, the statute of limitations may be tolled until they return.
- If you’re handling a complicated case involving multiple defendants or parties, the statute of limitations might be tolled until all parties are identified.
How Does Filing Early Benefit Your Case in Fort Lauderdale?
Filing your personal injury claim early can significantly strengthen your case and improve your chances of securing compensation. When you act quickly, you give your attorney more time to gather evidence, such as accident reports, medical records, and witness statements. This ensures that no key details are lost due to fading memories or unavailable documentation.
Early filing also allows your lawyer to address any legal complexities, such as identifying liable parties or handling exceptions to the statute of limitations. The sooner your claim is filed, the more time your attorney has to build a comprehensive case and negotiate with insurance companies.
Additionally, filing early can help reduce stress and uncertainty during an already difficult time. By starting the legal process promptly, you avoid last–minute complications and ensure that your claim progresses smoothly. This allows you to focus on your recovery while your attorney handles the details of your case.
Consult With a Fort Lauderdale Personal Injury Attorney
After discovering the various exceptions to the statute of limitations, you may still be unsure about how to proceed with your personal injury claim. It’s important to consult quickly with a Fort Lauderdale personal injury attorney to guarantee you meet the deadline.
Time sensitivity is important in personal injury cases, as evidence can be lost, and witnesses’ memories can fade. A skilled attorney will help you handle the challenges of the legal process, gather evidence, and build a strong case.
We can also help you understand the specific statute of limitations applicable to your case and ensure you file your claim on time. Don’t wait consult with a personal injury attorney today to protect your rights and secure the compensation you need.
Contact Our Fort Lauderdale Personal Injury Today
You have a limited time to take action after a personal injury accident in Fort Lauderdale. Failure to file a claim within the statute of limitations can bar you from seeking compensation. With exceptions and nuances to consider, it is important to consult a Fort Lauderdale personal injury attorney, such as Anidjar & Levine, who can ensure your claim is filed on time.
Contact us today for a free consultation.
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