When you sustain an injury and may be entitled to compensation, you may wonder how long you have to file a personal injury claim in Florida.
The time you have to file a claim depends on several factors, including the type of injury, who the victim was, and who was responsible.
For most Florida personal injury claims, you have four years to file an action.
Examples of claims that must be filed within four years include:
- Statutory liability claims
- Intention torts
Other situations could change the amount of time you have to file a personal injury lawsuit. For example, if you are suing for medical malpractice injuries, or if the victim was a minor at the time of the accident.
A personal injury lawyer may be able to tell you about what legal time limits pertain to your case when you call them for a consultation.
The Statute of Limitations in Florida
The statute of limitations for medical malpractice is typically two years, although in certain situations, such as when the injury involves a minor or if the liability is intentionally concealed by the medical professional, the statute of limitations can extend to a period of four to seven years.
Some claims, such as those for sexual assault when the victim is under 16 or certain types of damages related to wrongful death, have no restrictions on when a claim must be filed.
If you are wondering how long you have to file a personal injury claim in Florida, remember that the statute of limitations typically begins on the day the injury occurs or when you recognize an injury occurred. The distinction is important because some accidents or injuries may not have immediate symptoms. A common example of this is car accidents, as it can take time for your doctor to identify the extent and severity of your injury.
Damages in a Personal Injury Claim
If you are wondering how long you have to file a personal injury claim in Florida, you likely are also curious as to what types of damages and compensation you are entitled to. In Florida, there are two main types of damages you can collect for a personal injury claim: economic and non-economic.
Economic damages are financial costs that you incurred from the injury that are clearly defined and can be proven in court. Simply put, they are costs that you could prove with bills, receipts, and financial statements. Examples of economic damages include:
- Legal fees
- Property damage and replacement costs
- Out-of-pocket medical costs
- Lost wages
Conversely, non-economic damages are subjective and can include:
- Pain and suffering
- Loss of affection
- Loss of consortium
- Emotional distress
Personal injury claims allow you to pursue both types of damages because you can suffer permanent and chronic symptoms that can impact your daily life long after the initial injury.
The factors that a jury can consider when deciding how much compensation to award you can include:
- Your age
- Your current and future earning potential
- The severity of your injury
- Whether you need extended treatment for your injuries
A personal injury lawyer may be able to discuss what compensation could be available in your case when you call them for a consultation.
Benefits of a Personal Injury Lawyer
Recovering from an injury may be time-consuming. You may have to maintain regular doctor visits and rehabilitation appointments that could limit your ability to coordinate a personal injury case.
If you hire a personal injury attorney to represent you, they can handle your casework while you concentrate on your recovery.
A personal injury lawyer’s services may include:
- Answering your questions
- Making sure your case complies with the relevant statutes of limitation
- Gathering evidence of the responsible party’s liability
- Gathering evidence of the extent of your injuries
- Negotiating with the insurance company on your behalf
- Taking the case to court if the insurer does not make you a fair settlement offer
A personal injury lawyer may also represent you on a contingency-fee-basis. This type of arrangement requires no up-front fees. Rather, the lawyer’s payment comes at the end of the case as a percentage of your settlement or court awards, if and when you win your case.
Chalik & Chalik Injury Lawyers Can Represent You
Chalik & Chalik Injury Lawyers represents Florida’s personal injury victims. We can tell you how long you have to file a Florida personal injury claim when you call our offices for a free consultation.
Give us today at (855) 529-0269. We take personal injury cases on a contingency-fee-basis with no up-front costs to our clients.