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Statute of Limitations in Florida for Personal Injury Cases

No one personal injury case is the same. There are many factors that can affect the outcome of your case and how it is handled. Filing insurance claims and setting up your case can be tricky, but the statute of limitations in Florida will always be a constant, and having a Florida personal injury trial lawyer can guide you through them.

The statute of limitations refers to the deadline for filing personal injury lawyers. If someone waits to file their case until after this period has passed, their claim will not be considered – no matter how compelling and clear the evidence, or instance of negligence or liability may be. 

The general timeframe for the statute of limitations is four years, beginning at the date of injury/accident. However, there are some instances that could cause this time frame to shorten, such as when filing against government agencies. Medical malpractice lawsuits only have two years from the date of the incident to file. Under Florida Statutes section 95.03, altering the default time is available in any circumstances. This means that it is crucial to have your cases filed in time.

However, in some very rare cases, personal injury may not be discovered until some time after an incision, especially in medical malpractice. If the injury was deemed undiscoverable during the filing period, the statute of limitations could be extended for two years after discovery. If there was fraud that occurred and kept the injury from being described, the statute of limitations can be halted during the period of incapacity, running again when a patient has regained capacity but still within seven years of the incident.

While these are usually constant limitations, meeting with your attorney will ensure that you are in full legal compliance and can move forward with your case. If you were injured, contact a personal injury lawyer immediately to protect your legal rights and your claim. 

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