According to Florida Statutes Section 95.11, the time limit to file a personal injury lawsuit is four years. But this doesn’t mean that you have four years to call an attorney about your accident and subsequent financial losses, plus pain and suffering. In fact, to file a claim successfully, you should speak to a personal injury attorney right away so they can get started on your case. There are many reasons why.
The Statute of Limitations on Personal Injury Claims in Florida
The statute of limitations exists for many reasons, one of them being fairness. Limiting how long a person has to file a claim creates a more just process. The outcomes of these claims are based on evidence that is subject to deterioration and testimony that is subject to fading memories. The statute of limitations also maintains the efficiency of the courts; otherwise, they could become clogged with cases based on old memories or deteriorated evidence. It’s very hard to have a fair trial based on years-old evidence.
It also makes it harder to get a quick settlement if you wait longer. Your bills have been piling up since the accident, and you probably don’t want to wait till the end of a lengthy trial before you get a check from the liable party. The best solution in most personal injury claims is for the injured party to receive their financial compensation in a settlement negotiated quickly and fairly by their personal injury attorney.
State Laws
Each state sets its own statute of limitations for different types of violations, so if you know someone who filed a personal injury claim in another state, then they may have had to file theirs sooner due to a shorter statute of limitations. Different types of situations are subject to the statute of limitations, such as various crimes or when to file for debt relief. In Florida, for example, a capital or life felony has no statute of limitation, meaning that a person can be prosecuted for those crimes at any time. For personal injury law, the limit is four years. When you meet with your attorney for your initial consultation, they can answer any questions you have about the statute of limitations for your specific case.
Why You Shouldn’t Wait to Call a Personal Injury Attorney
Successfully getting the compensation that you deserve depends largely on the strength of the evidence provided. As time goes on, the proof of your injuries will be lost as you heal, and physical evidence from the accident scene will disappear. A person’s memory is subject to unconscious distortions and biases that can affect how they remember an event they witnessed. It may even be harder to find the eyewitnesses who were present at the time. Your attorney will leave no stone unturned in trying to collect all the evidence that could help your personal injury case, and the odds of you getting the settlement you want are better the sooner you contact an attorney.
The insurance company is also likely to argue that if your injuries were serious, you would have sought relief and treatment sooner. Insurance companies fight harder when a claim is filed more than two weeks after the accident date. Accident attorneys in Tallahassee can fight for you every step of the way and do not charge you attorney’s fees unless they win for you. With no risk to you but a lot to gain, calling a personal injury attorney right away guarantees that the statute of limitations won’t run out before you get the compensation that you deserve.
