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How The Statute of Limitations Affect Personal Injury Cases

Statute of limitations

An individual that has been injured in a car accident might be entitled to compensation. However, the ability to recover is only available for a limited period of time. To make it worse, a car accident victim could be precluded from seeking compensation for waiting too long before filing the claim. You should start searching for a personal injury law firm in Miami if you think you might have been wrongfully injured in a car accident. There are strict laws that govern the statute of limitations in Florida.

What is The Statute of Limitations?

A statute of limitations is the maximum amount of time a person can wait to file a lawsuit after an unexpected injury. The imaginary clock will begin to countdown immediately after the injuries have been sustained. Once you run out of time, it won’t be possible to file a civil lawsuit against the party responsible for the accident.

How Long Does The Statute of Limitations Last For Personal Injury Cases?

There are different types of statutes of limitations imposed on different kinds of personal injury cases in Florida. There are variables on the amount of time allowed for filing, and they include:
Type of injury suffered, and cause of injury.

Common Invoked Statute of Limitations

  • Bodily Injury: Four years from the date of the accident
  • Medical injury: Two years from the date of the injury
  • Birth injury: The claim needs to be filed before the child turns 8
  • Wrongful death: Two years from the date of the accident
  • Property damage: Four years from the date of the accident

Unsure of the statute of limitations that apply to your case? Get in touch with an experienced personal injury attorney to protect the constitutional right to file a lawsuit.

Does The Government Follow Different Rules?

There could be instances where the government’s negligence results in injuries. Under such circumstances, it’s your right to file a claim to obtain compensation from the government. It should be noted that personal injury lawsuits against the government will not follow the same route as conventional cases.
For starters, you have three years instead of four to file for a personal injury claim. Additionally, you could be required to file a lawsuit against the specific government agency responsible for the injury. The government will have six months to deny or acknowledge the personal injury claim. In case your claim is denied, the next course of action is to file for a personal injury lawsuit in federal court.

Can You File a Lawsuit Outside The Statutes of Limitation?

Some circumstances are beyond your control, and there can be situations where you’re not able to file for the personal injury claim on time. The statute of limitations can be tolled. The court will have an ultimate say when the statute of limitations starts and ends and if tolling is necessary. If you feel like the accident was caused by someone else’s negligence, make sure that you’re getting in touch with an experienced personal injury attorney. For more information, check out

Flagler Personal Injury Group

1 NE 2nd Ave #200 

Miami FL 33132


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