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How long do you have to file a personal injury claim in Florida?

On Behalf of | Sep 27, 2021 | Personal Injury |

An injury can happen in many different ways, most of which occur abruptly without any warning sign. Some accidents are minor and, as such, do not result in severe injuries. However, more serious accidents can have devastating effects on the victim. If you have sustained an injury as a result of another person’s negligence or fault, you might be eligible for compensation for your damages.

If you have sustained an injury may be entitled to a claim, you may be wondering how much time you have to file your personal injury claim in Florida. Like other states, Florida has a strict timeline within which you can file your personal injury lawsuit against the negligent party. This is known as the statute of limitations.

Florida statute of limitations for personal injury

Every state has its own statute of limitations for filing a personal injury claim and Florida is no different. In the Sunshine State, you have four years from the date of the injury to file a personal injury lawsuit against the negligent party. It is important that you file your claim within this time limit as a delay may result in your case being dismissed.

Personal injuries for which the 4-year time limit applies include:

  • Motor vehicle accidents
  • Assault and battery
  • Product liability
  • Property damage
  • Contracts not found on written instruments
  • Trespass
  • False imprisonment
  • Fraud

What about no-fault car accident cases?

Florida’s no-fault law is slightly different from no-fault laws in other jurisdictions. Florida’s no-fault law requires that the insurance provider of the injured person offers compensation for out-of-pocket costs. This only applies to car accident cases only, and for specific damages such as medical expenses and lost income. However, if your injuries are serious, then you can take legal action against the party that was responsible for the accident.

Florida personal injury claims can be quite complicated. If you are eligible for compensation following a personal injury, it is important that you know your legal rights and obligations. Filing a personal injury claim within the stipulated time frame is an important step in your quest for the compensation you deserve for your damages.