What is the Statute of Limitations on an Orlando Personal Injury Case?
There is a legal rule known as the “statute of limitations,” which basically defines how much time you have to file a lawsuit against another party for your legal claim. In the event you miss that deadline, your claim can be barred and you lose your right to recovery.
What this means is that if the deadline passes while you are in the midst of negotiating a claim for reimbursement of your damages stemming from injuries sustained in an accident, you must show proof you “preserved” the statute of limitations. The insurance adjuster or attorney will ask for proof that you filed. If you did not file timely, they have the legal right to immediately cease negotiations and you forfeit any potential settlement in your case.
This is one of the reasons it’s best to retain an Orlando personal injury attorney immediately after your accident. He or she will handle making sure the statute of limitations is preserved and settlement negotiations can continue.
Statute of Limitations on Most Personal Injury Cases
Every state has its own statute of limitations for cases, and the time will vary based on the type of case. This time requirement is not unique to personal injury matters either. Criminal charges are also subject to their own timelines.
In Florida, the statute of limitations on most personal injury cases is four years. If you were injured in a car accident due to someone else’s negligence, then your claim would be subject to the four-year rule. If you slipped and fell in a grocery store because the floors were not cleaned, that would also fall under bodily injury personal injury claims, and you would have four years to file.
Property damage resulting from a vehicle accident is subject also the same statute of limitations. In some other states, the statute of limitations on property damage is often longer than the bodily injury statute.
Personal Injury Claims that Deviate from the Four-Year Statute of Limitations
There are several different types of personal injury claims that are subject to different statutes of limitations. These include workers’ compensation, medical malpractice, and some types of product liability claims, all of which fall under a two-year time limit. If you have a wrongful death claim against the government, it would also be subject to a two-year claim with limited investigation period.
Medical malpractice claims are tricky because you have two years from the date of injury or the date the injury should’ve been discovered. If a surgical instrument was left inside you and you didn’t discover it until a later procedure, you might have additional time to file a lawsuit. However, if you had severe pain after the surgery and never went for a check-up, your claim might be barred, as a “reasonable person” would’ve made a doctor’s visit to ascertain the source of the pain.
Statute of Limitations on Cases Involving Minors
There are some potential scenarios that can alter the deadline for a statute of limitations in a particular case. One is when a minor is involved. Even in claims that settle prior to the minor’s 18th birthday, he or she has additional time to file a lawsuit upon the age of majority.
Contact an Orlando Personal Injury Attorney Today
If you were injured in an accident in Florida due to someone else’s negligence, contact the Orlando personal injury attorneys at the Payer Law today at 866-930-1238 to schedule a free initial consultation.