In Florida, the time you have to file a personal injury lawsuit is governed by the statute of limitations Florida. This law sets a specific deadline by which victims must initiate legal action. Generally, for most personal injury cases, including car accidents, slip and falls, and other negligence-related injuries, the deadline is two years from the date of the injury, per Florida Statutes § 95.11(4)(a).
Failing to file within the statute of limitations in Florida can mean forfeiting your right to seek compensation entirely, regardless of the severity of your injuries or the strength of your case. That’s why consulting with a Lakeland personal injury attorney as early as possible is essential.
Are There Exceptions to Florida’s Personal Injury Deadline?
Yes. Although the general rule is a two-year deadline, certain circumstances may either extend or shorten the statute of limitations in Florida. For example, if the injured party is a minor or mentally incapacitated at the time of the injury, the statute may be tolled (paused). Also, if the defendant leaves the state after the incident, this can affect the filing deadline.
However, there are stricter deadlines in some cases, like those involving government entities. If your claim involves a city, county, or state agency, you may need to submit a formal notice of claim within 180 days before even being allowed to file a lawsuit. That’s why contacting a litigation attorney florida early on can protect your rights and options.
What Happens If I Miss the Filing Deadline?
Missing the filing deadline under the statute of limitations in Florida means the court will almost certainly dismiss your case. Even if liability is clear and damages are significant, you cannot recover anything if your lawsuit is time-barred. This includes claims for medical expenses, lost wages, and pain and suffering.
Florida courts are strict in enforcing this deadline. A personal injury lawsuit florida filed after the statute of limitations has expired will typically be dismissed with prejudice, meaning you cannot refile it. This is why accident victims must act quickly, especially when working with a lakeland personal injury law firm.
How Does the Deadline Apply to Car Accidents in Lakeland?
If you’ve been hurt in a collision, you typically have two years to pursue legal action under the statute of limitations in Florida. However, the clock starts ticking from the date of the crash. Given the volume of cases involving car crashes, it’s not uncommon for people to delay filing, especially when they initially feel okay and later develop symptoms.
Even if you’ve already received PIP benefits, you still have the right to pursue a claim for additional damages. A lakeland car accident lawyer can help determine whether you’re still within the statute and guide you through the steps of filing a claim.
Does This Deadline Apply to All Types of Accidents?
The two-year deadline applies to most negligence claims. This includes accidents involving vehicles, defective products, slip and fall incidents, and more. Whether you’re working with an auto accident attorney lakeland or a medical malpractice lawyer, understanding the deadline is key.
Some cases, like medical malpractice, have discovery rules that may extend the filing period slightly. However, exceptions are limited and require detailed legal analysis. A motor vehicle accident attorney florida will ensure no deadline is missed in your case.
What if I Was Injured by a Negligent Driver in Lakeland?
If another driver caused your accident, you may be entitled to pursue a negligence claim. However, to be successful, your accident lawyer lakeland fl must show that the driver breached a duty of care and that this breach directly caused your injury.
Proving negligence becomes harder as time passes. Witnesses move away, memories fade, and evidence can be lost. That’s why you should never delay contacting a lakeland injury lawyer to begin building your case promptly.
Are Wrongful Death Lawsuits Subject to Different Deadlines?
Yes. In Florida, wrongful death claims generally must be filed within two years of the date of death, not the date of injury. If you lost a loved one in a fatal accident caused by someone else’s negligence, working with a lakeland wrongful death attorney quickly is essential.
The Florida Wrongful Death Act (§ 768.16) provides compensation for surviving family members, including funeral expenses and lost companionship. Filing too late means the family may lose the right to recover these damages.
Can Delays Harm My Claim Even If I File on Time?
Yes. While you might technically still have time to file, waiting too long can hurt your case. Insurance companies may question the seriousness of your injuries or claim that unrelated incidents caused them. A personal injury lawyer lakeland will help you document evidence immediately and protect your rights throughout the process.
Early consultation also allows your lakeland accident law firm to gather security footage, interview witnesses, and secure expert testimony while information is still fresh.
What Damages Can Be Recovered in a Timely Injury Claim?
If you file within the statute of limitations, you may recover a variety of personal injury damages florida, such as:
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Medical bills
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Rehabilitation and therapy costs
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Lost income and reduced earning capacity
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Pain and suffering
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Emotional distress
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Loss of consortium (for spouses)
All of these categories fall under the umbrella of accident compensation lakeland and can have a significant impact on your long-term recovery.
What Happens During the Legal Process?
After filing a claim, the defendant will typically respond with an answer or a motion to dismiss. If the claim survives these early challenges, discovery begins. This phase involves depositions, document exchange, and expert evaluations.
At any point during this process, your lakeland personal injury law firm may negotiate a settlement. If no agreement is reached, the case may proceed to trial. With guidance from your injury law attorneys florida, you can prepare for each phase confidently.
What Role Does Comparative Fault Play in Florida?
Florida follows a modified comparative fault rule. This means you can still recover damages even if you were partly at fault, as long as you are not more than 50% responsible.
However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your total recovery will be reduced by 20%. This rule emphasizes the need for an experienced accident law firm florida to defend your case vigorously.
Can PIP Insurance Affect My Personal Injury Case?
Yes. Florida is a no-fault state, so your own PIP insurance covers up to $10,000 in immediate medical and lost wage expenses, regardless of fault. However, you can still file a personal injury lawsuit for damages exceeding this amount.
Working with a lakeland car crash attorney can help you evaluate whether your injuries meet the serious injury threshold necessary for pursuing additional compensation.
How Quickly Should I Contact a Lawyer?
The sooner, the better. The earlier you contact a lakeland personal injury attorney, the greater your chances of preserving critical evidence and securing fair compensation. Delaying could jeopardize your claim, even if you’re still within the legal time frame.
Dennis Hernandez Injury Attorneys has recovered millions and millions for clients throughout Florida. With decades of litigation experience, our injury law firm florida stands ready to help accident victims in Lakeland and across the state.
What if I’m Not Sure Whether I Have a Case?
Even if you’re uncertain, it’s worth scheduling a free consultation. Many people are unsure if their injury meets the legal threshold for filing. A car accident lawyer lakeland will review your case, examine your evidence, and help you understand your rights and options.
During the consultation, your personal injury law firm lakeland can also review the timeline to ensure your claim is still viable.
What Evidence Should I Gather to Support My Case?
Before contacting a lawyer, try to gather:
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Medical records
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Police or incident reports
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Photographs of the scene and injuries
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Witness statements
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Insurance information
The more documentation you have, the easier it is for your lakeland car crash attorney to build a compelling case.
What Should I Do If My Claim Was Already Denied?
If your insurance claim was denied or undervalued, don’t assume the process is over. You have the right to appeal and pursue further legal remedies. A negligent driver accident lakeland case can still move forward in court even if the insurer refuses to settle.
Your lakeland accident law firm can step in to contest bad faith denials and push for a full and fair resolution.
Do I Need an Attorney for Small Injuries?
Yes, even minor injuries can evolve into major complications. What appears to be a sprain today could become chronic pain tomorrow. Insurance companies often downplay early claims and use delay tactics to avoid payouts.
That’s why it’s critical to work with a personal injury lawyer lakeland, even for seemingly small incidents.
What Makes Dennis Hernandez Injury Attorneys Different?
At Dennis Hernandez Injury Attorneys, we provide hands-on, personalized representation. We don’t just process claims, we fight for results. Our track record includes millions and millions recovered in damages for clients across Florida.
We understand that filing a lawsuit can feel overwhelming, especially after a serious accident. That’s why we guide clients every step of the way. Our motto is simple: “We fight to get you paid!”
What Should You Expect From Your First Consultation?
Expect transparency, honesty, and strategy. Your accident victims lakeland case will be thoroughly reviewed. We’ll explain your legal rights, potential compensation, and all filing deadlines. You’ll walk away informed and confident, regardless of whether you decide to proceed.
Recommended reading
- When Is It Too Late to File an Injury Lawsuit? – FindLaw
- How Drivers, Pedestrians and Cyclists Coexist
- How Insurance Diminishes Your Claim to Compensation
- How Road Conditions Contribute to Motorcycle Crashes in Florida
- How to File a Hurricane Ian Insurance Claim in Florida
- Injured in a Bus Accident in Florida?
