Your insurance policy may have deadlines for filing an insurance claim, but according to Florida law, you generally have two years to file a personal injury lawsuit in Fort Myers. That deadline can change, though, based on the circumstances of your case. These potential exceptions can make the filing deadline hard to comply with on your own. However, a lawyer in your area could help you understand the deadlines in your case.
In addition to interpreting Florida’s statute of limitations, a personal injury lawyer in fort myers will manage every aspect of your case. Most offer a free review of your case, and many will also represent you at no upfront cost, receiving payment only when you get compensation.
The Personal Injury Filing Deadline Can Be Hard to Interpret and Comply With
Florida Statutes § 95.11 describes the filing deadline as two years from the date of the accident that caused your injuries. However, the statute of limitations may be altered, extended, or tolled under Florida Statutes § 95.051. Those circumstances include the following conditions:
- The at-fault party leaves the state
- The at-fault party eludes being served
- The injured party becomes incapacitated
- The injured party is under the age of 18
A personal injury attorney can examine the details of your claim and identify any of the factors that could affect the statute of limitations. Note that additional notification and filing deadlines will apply when suing a government entity or municipal agency to recover damages.
A Settlement Agreement Means You Will Not Have to Go to Court
If the accident that caused your injuries was the result of another person’s or entity’s negligence, you can take legal action against the responsible party to recover your post-accident expenses. Personal injury cases are usually resolved with an insurance settlement.
This settlement usually happens during the negotiations phase when you present the evidence that indicates the at-fault party’s negligence. Your attorney can investigate the accident, obtaining evidence that will prove whose negligence led to it. An out-of-court settlement can also save time and allow both parties to avoid the stress and frustration of a trial.
What Happens if the Personal Injury Filing Deadline Expires
If your lawsuit is filed too late, you could inadvertently relinquish the right to recover damages at all. The potential consequences can include:
- The Florida court will not permit you to file your lawsuit at all
- The at-fault party’s representative will request immediate dismissal
- The requested dismissal of your lawsuit will likely be granted
- The insurance company will refuse any further negotiation
An expired filing deadline is called time-barred in legal terms. One way to meet this legal requirement is to let a local law firm handle your personal injury claim for you.
A Personal Injury Lawyer Can Help You Avoid Filing Your Claim Late
Complying with the statutory filing deadline can be hard on your own. A lawyer can file a lawsuit for you. They can explain the filing deadlines, the exceptions, and what you can expect if they are not met.
It is never too soon to consider hiring a lawyer or getting a free review of your case—the sooner you do so, the better. Early intervention means your lawyer can preserve evidence, speak to witnesses while their memories are vivid, and interpret precisely how the statute of limitations applies to your case.
Damages You Can Recover When You File Your Lawsuit on Time
A personal injury claim or lawsuit does two important things. It discourages the at-fault party from similar acts of negligence in the future. It allows the injured party to recover the following damages:
- Medical, rehab, and therapy bills
- Lasting disability and disfigurement
- Physical and mental pain and suffering
- Lost wages and earning ability
- Property damage or destruction
The injured party can also request compensation for their loss of enjoyment of life. A lawyer can document the recoverable economic and non-economic damages. Their assessment can also avoid a speedy or insufficient financial award.
Wrongful Death Cases Also Have a State-Imposed Statute of Limitations
The filing deadline for a wrongful death lawsuit is two years from the date of a loved one’s demise, with the same penalties of an expired statute of limitations as a personal injury case.
Recoverable damages in a wrongful death claim include funeral costs, loss of your loved one’s income, and loss of their familial contributions. They also include loss of consortium, care, companionship, and guidance.
Get Help Filing Your Personal Injury Lawsuit
If you or a loved one was injured in a negligence-based accident, you could be entitled to financial compensation. There are time limits for filing a personal injury claim in Fort Myers that our legal team can help you understand and meet.
Learn more about the legal process of your case and how hard our personal injury law firm works to obtain financial compensation on your behalf. Find out by contacting our consultation team at the Law Offices of Wolf & Pravato. Call (954) 633-8270 to get started now.
