Charpentier Law Firm, P.A.

When Do Florida Personal Injury Cases Expire?

By Steve Charpentier on August 12, 2013

Florida Statutes of LimitationsMany people who are injured in accidents through no fault of their own are unsure whether they should pursue legal action, even though they know it isn’t fair that they should have to shoulder the losses and expenses they are suddenly faced with on their own. Some are intimidated by the legal system while others are afraid that too much of their time will be consumed by the process of filing a lawsuit and possibly going to trial.  Unfortunately, when many injured victims and their families make the decision to proceed with legal action, they find out that it’s too late to file a claim because the statutes of limitations governing their cases have expired.

The personal injury lawyers of the Charpentier Law Firm encourage people who are contemplating taking legal action after an accident to contact our law firm to arrange for a case evaluation, even if they are uncertain about whether they will actually file a claim. It is better to know your legal rights and options and make an educated decision not to file a claim than to decide to file a claim and find out that it is too late to do so.

For an evaluation of your case, please contact the Charpentier Law Firm today. Our personal injury attorneys handle the full range of personal injury claims, including those arising from auto accidents, medical malpractice, premises liability, product liability, boating accidents, and wrongful death.

What Is a Statute of Limitations?

A statute of limitations is a time limit within which a civil claim must be filed, or else the right to file the claim is permanently forfeited. All personal injury lawsuits are subject to statutes of limitations; in Florida, statutes of limitations vary from case type to case type. Once the statute of limitations governing a certain type of lawsuit has expired, the injured victim and his or her family may not seek restitution for his or her losses and expenses through the courts.

Various Statutes of Limitations in Florida

To find out the exact date by which you must file a claim in your case, please speak to our personal injury attorneys. In general, however, the following statutes of limitations apply in the state of Florida:

  • Medical malpractice - Two years from the act that caused the injury; or two years from the date when the injury was, or should have been, detected, but no more than four years from the act that caused the injury.
  • Auto accidents - Four years from the date of the accident, unless it is an underinsured/uninsured motorist claim, which falls under the statute of limitations governing contract law (five years).
  • Product liability - Four years from the date of the incident resulting in the injury.
  • Boating accident, premises liability, and other personal injury - Four years from the date of the accident resulting in the injury
  • Wrongful death - Two years from the date of the death.

If you have questions about Florida’s statutes of limitations or would like to arrange a consultation with one of our personal injury and auto accident lawyers, please call or email the Charpentier Law Firm today.

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