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How Does The Statute Of Limitations Work In Florida?


If you want to file an injury claim, you first need to consider the statute of limitations. Why? Because if the statute of limitations has expired, you won’t be able to sue. This means that there’s no chance whatsoever of receiving any compensation. Obviously, compensation is very important when you’re dealing with injuries that require expensive medical treatment. In addition, you might be missing weeks, months, or even years of work. All of these losses can add up. So what happens if the statute of limitations prevents you from receiving compensation?

The first step is to get in touch with a qualified, experienced personal injury attorney as soon as possible. With help from one of these legal professionals, you can strive for the best possible results in a highly efficient manner. As you can see, there are certain situations in which it may be possible to file an injury claim even after the statute of limitations has expired. Whatever the case may be, internet research can only get you so far. There comes a time when you need to take action, pick up the phone, and book a consultation.

The Statute of Limitations Explained 

Basically, the statute of limitations prevents you from suing if you wait too long. For most personal injury lawsuits, the statute of limitations is just four years. However, the statute of limitations for medical malpractice claims is just two years. Wrongful death claims and workers’ comp claims also have a statute of limitations of just two years.

What Happens if the Statute of Limitations Expires? 

If the statute of limitations expires before you sue, you will not have a chance to receive any compensation whatsoever. However, there are a few notable exceptions to this rule. Technically speaking, the clock only starts ticking once you become aware of your injuries. You might think that it’s impossible to be unaware of an injury, but that’s not always the case. Here are some examples of when a plaintiff might be unaware of their injuries:

  • Your injury put you in a coma for many years, and only after waking up did you become aware of your injuries
  • You suffered a head injury that resulted in memory loss
  • The injury was so traumatic that you repressed the memory entirely
  • You were infected by toxic chemicals that slowly caused injuries over time

In addition, the government may open “lookback windows” that allow you to file lawsuits in certain situations.  This often occurs in very specific circumstances, such as when clergy members have been accused of abusing children at a very young age (2).

Enlist the Help of a Qualified Attorney Today 

For help from a Orlando personal injury attorney, contact Payer Law. Over the years, we have helped numerous defendants, and we can assist you as you pursue a fair, adequate settlement that fully reflects the true extent of your damages. While the statute of limitations can be a sticking point in many cases, it can be overcome in certain situations. Book your consultation today to explore your situation in greater depth.


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