How Long Do You Have to Sue Someone for Personal Injury in Florida?

Not many people know how long you have to sue someone for personal injury in Florida, which means that you may potentially miss the deadline to file your personal injury claim and pursue the compensation you deserve. Hiring a Tampa personal injury law firm can help you avoid making this common mistake.

Not only does having a personal injury lawyer ensure you follow the correct timeline, but it also frees you up to focus on the care you may need after a personal injury incident. This may include medical treatments, psychiatric care, and more. Hiring a skilled personal injury lawyer means having someone who can handle the legal and administrative aspects of filing a claim and pursuing monetary compensation.

How Long Do You Have to File Your Personal Injury Claim?

In the state of Florida, the general rule of thumb for personal injury claim timelines is that you have two years from the incident to file your claim against another individual. There are certain exceptions, however, which follow different time frames. A personal injury attorney will be able to further explain unique timelines, as well as those that apply to your specific situation.

What Are Some Common Types of Personal Injury?

Personal injury is an umbrella term that includes bodily, emotional, and reputational harm caused to an individual. Some of the more common examples of this are as follows:

• Auto accidents: Auto accidents include cars, trucks, and any other motor-operated vehicle that leads to an accident, causing physical or emotional trauma. There were 380,759 crashes in Florida in 2023, causing 246,121 injuries.
• Traumatic brain injuries: Every year, 8 million individuals suffer TBIs nationwide. These injuries could result from pedestrian accidents, motorcycle accidents, or many other accidents caused by someone else’s negligence.
• Wrongful death: Florida law makes it perfectly legal for family members of a deceased individual to seek financial compensation after their loved one dies because of the actions of another.
• Medical malpractice: Medical malpractice covers a broad spectrum, but a few examples of a claim-worthy medical malpractice incident are as follows:
  • Surgical errors
  • Unwarranted medical treatments
  • Improper and/or delayed diagnosis
  • Prescription errors (amount prescribed, prescribing the wrong meds, overlooking known allergies to medication, etc.)
  • Misdiagnosis
• Product liability: When manufacturers create and sell faulty products, it can lead to illness and/or injury and violates both the law and their warranty claims.
• Assault and battery: Assault and battery occurs when an individual threatens or causes physical harm to another individual. Due to the criminal nature of assault and battery charges, the case has the potential to be filed in both criminal and civil court. Criminal court is where the state will press charges against the alleged assailant on your behalf, whereas civil court is where you can file your personal injury claim.

These are just a few examples of personal injury, but your lawyer will be able to further explain what qualifies as a personal injury and assist you with determining whether or not you have a personal injury case. Their knowledge and insight will prove invaluable as you collect evidence, craft a compelling case, and, if the need presents itself, present your case in a civil court.

Most cases will settle before going to trial, but it is still beneficial to have someone on your side who will be prepared if your case is one of those that do. Your lawyer will also be able to represent your interests while negotiating any potential settlements that may arise.

FAQs

Q: How Much Does a Personal Injury Lawyer Cost?

A: The final cost of a personal injury lawyer will vary in the state of Florida. The overall price tends to be dictated by factors such as the duration of your case, the level of complexity, and the lawyer you choose to hire. Most personal injury lawyers work on a contingency fee plan. When they win your case, they will be awarded a percentage of your settlement. If they do not win your case, you will not pay lawyer’s fees. You do not need an upfront payment, and there is no risk.

Q: How Do I Know If My Personal Injury Claim Qualifies?

A:  Scheduling a consultation with a personal injury law firm is a good way to determine whether or not you have a personal injury case. Your lawyer will be able to ensure that the timeline is correct, that you have enough evidence, and that what you have experienced warrants the filing of a personal injury claim. A compassionate and knowledgeable lawyer will be able to walk you through the process and pursue whatever your desired outcome is.

Q: What Is the Florida Personal Injury Protection Rule?

A: In the state of Florida, the Personal Injury Protection Law, or “PIP” for short, states that anyone who owns a vehicle must possess a minimum of $10,000 in PIP insurance to help cover any medical expenses, lost wages, and other costs regarding injuries caused by a car accident. This is not specific to who is at fault for the accident, as both vehicle owners should possess this PIP insurance.

Q: Is There a Time Limit on Personal Injury Claims?

A: Yes, there is a time limit for filing a personal injury claim in the state of Florida. While it used to be longer, the recent introduction of House Bill 837 in 2023 changed the time frame from four years to two years. This means that you have a shorter amount of time to file your claim. If you miss this deadline, you most likely will not be able to file a claim and will miss out on obtaining the compensation that you are entitled to if you have been injured by the actions of someone else.

Dedicated Personal Injury Attorney – Paul Figueroa Law

While it is easy to become overwhelmed by the legal system for personal injuries, you do not need to face it alone. Reaching out to an experienced Tampa personal injury lawyer can allow you to focus on recovery while they handle the legal and administrative side of things. Paul Figueroa Law is here and ready to help you obtain peace of mind and financial support. Contact us today to schedule a consultation.