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Personal Injury Statute of Limitations: Everything You Need to Know

A Statute of limitation is the timeframe you have to file a lawsuit after an accident. The statute of limitations for personal injury claims depends on the type of accident that occurred and is dictated by Florida Statute 95.11. If you do not file a lawsuit within this time frame, your case may be dismissed.

 

Statute of Limitations for Personal Injuries

Here are statutes of limitation timeframes in Florida for various injuries:

 

Car and Motorcycle Accidents

You have four years after a motor vehicle accident to file a claim. There are a few exceptions, such as when a wrongful death suit is filed. In cases where a motorist was uninsured, the statute of limitations is five years after the accident. When filing a personal injury claim, it is vital to seek medical treatment immediately. To Florida’s Personal Injury Protection coverage (also known as “no-fault insurance”), you must seek medical treatment within 14 days of the accident.

 

Pedestrian & Bike Accidents

Pedestrian and bicycle accidents have the same statute of limitations as car and motorcycle accidents: four years. You also must seek medical treatment within 14 days of the accident to receive insurance benefits. Otherwise, you will be responsible for your own medical care costs.

 

Slip and Fall Accidents 

You have four years after a slip and fall accident at a business or personal residence to file a claim.

 

Medical Malpractice 

Generally, you have two years after you became aware that the injury was caused by a medical mistake to file a malpractice claim. If fraud or misrepresentation were involved, the statute of limitation is four years.

 

Wrongful Death 

If the injury resulted in a family member’s death, you have a right to compensation. You have two years after the loved one’s death to file a wrongful death lawsuit.

 

Other Personal Injuries

The statute of limitations for other personal injuries, such as dog bites, product liability, construction, and boating accidents, is four years. However, there may be some exceptions.

 

Should I Wait to File a Personal Injury Claim?

Although you have between two and four years to file a personal injury claim, you should not wait to file the claim. If you wait to file, gathering relevant documents and evidence may be challenging. Over time, records from you, your insurance company, and the at-fault party may be misplaced, lengthening the claim process. In addition, waiting to file a claim may decrease the value of your case. For example, an insurance company may argue your injuries are not as severe as previously reported if a significant amount of time passed between the accident and injury claim.

 

How to File a Personal Injury Lawsuit

If you were injured in an auto accident, you must seek medical attention within 14 days to be eligible for PIP insurance coverage. Afterward, you should notify your insurance company of the accident to start an insurance claim. Then, contact a personal injury attorney to ensure you have someone working to help you get adequate compensation for your injuries. You should take detailed records of all your doctor’s visits and medical care during this time. You will want to document your mileage to and from appointments, lost wages, and costs for household tasks you can no longer perform due to your injury.

 

Personal Injury Claim? The King Law Firm Will Help

It is vital to act quickly after being injured in an accident. Contact an experienced personal injury attorney like our team at The King Law firm as soon as possible so we can begin working on your case. Call our personal injury attorneys at 352-269-1814 for a consultation.

 

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