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6 exceptions from personal injury statute of limitations

On Behalf of | Feb 7, 2023 | Personal Injury |

Florida sets four years as the limit for personal injury claims. It means you must take legal action within those years after your accident. However, specific situations require more time because of varying factors.

Here are six exceptions:

  • Incapacity of the victim. Severe accidents can lead to extensive surgeries. The victim might need a long time to recover. Sometimes, the patient might fall into a coma and stay unconscious for years. The time limit can be paused or extended for these circumstances.
  • The victim is a minor. An injured minor can receive a deadline extension of up to seven years. Additionally, the statute of limitations can also begin on the victim’s 18th birthday.
  • The defendant fled and went into hiding. If this happens, the statute of limitations can stay paused while locating the defendant.
  • You are filing against the government. For these cases, you must file your claim within three years after the day of your accident.
  • Claiming child sexual assault. Victims can require a long time to process and recognize these incidents. Florida abolished any deadlines on child sexual abuse claims.
  • Your injuries manifested late. The clock for these cases starts when you discover your injuries.

Otherwise, personal injury claims will follow the four-year deadline. Certain claim types only have a two-year limit for filing, such as medical malpractice cases.

Missed the deadline?

Knowing the statute of limitations for your claim is crucial. If you miss the deadline, you may not be able to recover any damages. If you plan to file a claim, learn about its limitations as soon as possible, so you have enough time to prepare the relevant paperwork. By thinking ahead, you can increase your chance of recovering damages caused by someone else’s negligence.