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Understanding the Statute of Limitations for Personal Injury Cases in Florida

Jay Dermer sitting in a conference room discussing a case with a clients

When pursuing a personal injury claim, time is of the essence. At Dermer Law Firm in West Palm Beach, Florida, we emphasize the importance of understanding the statute of limitations to ensure you don’t lose your right to seek compensation. This blog post will explore what the statute of limitations is, how it applies to personal injury cases in Florida, and why it’s critical to act within the given timeframe.

What is the Statute of Limitations?

The statute of limitations refers to the legal deadline by which a lawsuit must be filed. In Florida, personal injury cases are governed by specific time limits that, if exceeded, can result in the forfeiture of your right to pursue a claim. Understanding these deadlines is crucial for protecting your legal rights.

Statute of Limitations for Personal Injury Cases in Florida

In Florida, the statute of limitations for personal injury cases is generally **two years** from the date of the injury. This means you must file your lawsuit within two years of the accident or injury. However, there are some exceptions and nuances to this rule depending on the specific circumstances of your case.

Exceptions to the Statute of Limitations

There are certain situations where the statute of limitations may be extended or shortened:

  • Medical Malpractice: In Florida, medical malpractice claims must generally be filed within **two years** of when the injury was discovered or should have been discovered, but no later than **four years** from the date of the malpractice.
  • Injuries Involving Minors: When the injured party is a minor, the statute of limitations may be extended, depending on the case.
  • Government Entities: If you are filing a personal injury claim against a government entity, such as a city or state agency, you must typically provide notice within **six months** of the injury and file a lawsuit within a shorter time frame.

Why Acting Quickly is Important

Failing to file a personal injury claim within the statute of limitations can have serious consequences. Once the deadline passes, your case will likely be dismissed, and you will lose your right to seek compensation for medical bills, lost wages, pain and suffering, and other damages.

At Dermer Law Firm, we encourage potential clients to take action as soon as possible after an injury. Even if you think you have plenty of time, it’s best to consult with an experienced attorney who can help you understand the specific deadlines that apply to your case.

What Happens if You Miss the Deadline?

If you miss the statute of limitations, the court will typically dismiss your case, and you will not be able to recover any damages. However, there may be exceptions depending on the circumstances, such as if the injury was not immediately discoverable or if the defendant concealed their actions.

How Dermer Law Firm Can Help

Navigating the statute of limitations can be complicated, especially if your case involves special circumstances. At Dermer Law Firm, we understand the legal complexities surrounding personal injury claims in Florida. Our experienced attorneys will work diligently to ensure that all deadlines are met, so you can focus on recovering from your injuries.

We take pride in treating clients as individuals, not just cases. If you have been injured in an accident, contact our West Palm Beach office today for a free consultation. We will help you understand your rights, the statute of limitations that applies to your case, and what steps you need to take to secure the compensation you deserve.

By acting promptly and working with an experienced attorney, you can protect your rights and increase your chances of a successful outcome.

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