When pursuing a personal injury lawsuit in Florida, understanding the legal deadlines and filing process is essential to protect your rights and secure compensation. This guide will explain the Florida Statute of Limitations, the steps involved in filing a claim, and the role of a personal injury lawyer in Florida.
Florida Statute of Limitations for Personal Injury Lawsuits
The Florida Statute of Limitations sets strict deadlines for filing personal injury lawsuits. As of March 24, 2023, House Bill 837 reduced the statute of limitations for most personal injury claims from four years to two years. This means you must file your lawsuit within two years from the date of the injury. Missing this deadline generally results in losing your right to seek compensation through the courts.
However, exceptions may apply:
- Medical Malpractice: You have two years from discovering the injury or four years from the incident, whichever comes first.
- Wrongful Death: The deadline is two years from the date of death.
- Product Liability: Claims must be filed within two years, but a statute of repose bars claims 12 years after the product’s first sale.
Consulting a personal injury lawyer in Florida ensures you meet these deadlines and understand any exceptions that may apply to your case.
Steps to File a Personal Injury Lawsuit in Florida
The process of filing a personal injury lawsuit involves several key steps:
- Gather Evidence
Collect evidence at the scene, such as photos, witness contact information, and police reports. This documentation is critical for building a strong case. - Seek Medical Attention
Immediate medical care is important. It verifies injuries and can assist in drawing a link between the incident and your diagnoses. - Hire a Personal Injury Lawyer
A qualified attorney will evaluate your case during an initial consultation, gather evidence, and handle communications with insurance companies. They can also draft a demand letter to initiate settlement negotiations prior to a lawsuit. - File a Formal Complaint
If negotiations fail, your lawyer can file a formal complaint in court. This document outlines your injuries, how they occurred, and why the defendant is liable. - Discovery Phase
Both parties exchange information through written discovery, depositions and expert testimony to build their cases. Your lawyer will protect your interests during this phase. - Negotiation or Trial
Most cases settle out of court. However, if no agreement is reached, your lawyer will present your case before a jury to seek fair compensation.
Why Hire a Personal Injury Lawyer in Florida?
Navigating Florida’s legal system can be complex, especially under new laws that shorten filing deadlines. A personal injury lawyer provides expertise in:
- Evaluating claims and calculating damages (e.g., medical bills, lost wages, pain and suffering).
- Presenting the necessary information and analysis to the insurance company.
- Negotiating with insurance companies to maximize settlements.
- Representing you in court if necessary.
Hiring an experienced attorney ensures you meet all legal requirements and strengthens your chances of obtaining fair compensation.
Conclusion
Filing a personal injury lawsuit in Florida requires prompt action due to the updated two-year statute of limitations. Our Personal Injury Attorneys at Woolsey Morcom can help you navigate this process effectively. Don’t delay—protect your rights and secure the compensation you deserve by acting within these legal deadlines and contact us today.
