Can You File a Florida Personal Injury Claim After the Statute of Limitations Has Expired?
After suffering injuries in Florida due to the negligence of another party, you can seek compensation through a personal injury claim. However, in Florida, like in other states, there is a strict time limit on filing personal injury claims, known as the statute of limitations. But what happens if you file your personal injury claim after the statute of limitations has expired? Can you still pursue your claim? Below, we explore the implications of filing a Florida personal injury claim after the statute of limitations has expired.
What Is a Statute of Limitations and What Is Its Purpose?
This statute limits the time you have to file a legal claim against another party. Statutes of limitations ensure claims are made within a reasonable period after an accident or incident. Statutes of limitations ensure fairness, as relevant evidence may become lost, altered, hidden, or not retrievable over time, and witnesses’ memories may fade. In personal injury cases, this statute sets a time limit for the victim to pursue compensation from the negligent party.
Understanding Florida’s Statute of Limitations for Personal Injury Claims
Florida’s statute of limitations for injury claims changed from four to two years on March 24, 2023. Victims have up to four years to file their claims for accidents and incidents that occurred on or before this date. However, for accidents and incidents that happened after March 24, 2023, victims have up to two years to file their claims against the negligent parties.
What Happens if You File Your Claim After the Deadline?
If you file your Florida personal injury lawsuit after two years have passed since the accident or incident, the defendant will most likely file a motion to dismiss your case. If the court grants the motion (which is normally the case), you will not be able to recover compensation for your injuries and damages. Even if you have a valid case and strong evidence to back up your allegations, filing your claim after the deadline can lead to you losing your right to recover compensation.
If you file a lawsuit and the court dismisses your case, you can still pursue a private settlement with the at-fault party’s insurance company, right? Unfortunately, this is highly unlikely. Once you lose your right to file a lawsuit in court, you will be left with zero bargaining power and little to no chance of recovering compensation. The insurance company will have no obligation to negotiate or settle your claim, as they know you can’t take your case to court.
However, there are a few exceptions that may allow a Florida personal injury claim to proceed after the two years have passed. They include the following;
- The discovery rule – allows for the statute of limitations to begin on the date the injury was discovered or reasonably should have been discovered
- The defendant left Florida at some point before a lawsuit could be filed
- The defendant engaged in fraud to prevent the victim from filing a claim
Contact Us for Legal Help
If you’ve suffered a personal injury, don’t wait to start working on your case, as the consequences of waiting could be losing your right to compensation. Contact our Fort Myers personal injury attorneys at The Pendas Law Firm today to schedule a consultation and start working on your case.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Ocala, Orlando, Tampa, Jacksonville, Miami, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
Source:
m.flsenate.gov/statutes/95.11
