In a perfect world, there would be no accidents, no injuries, and there would be no need to consider suing someone to become financially whole again due to enormous medical bills and losing precious wages.
Alas, the real world is full of possibilities where you can get injured due to someone else’s negligence. If the injuries are severe, you may end up with a medical bill soaring through the roof. It is good to know your legal options when seeking justice against those who have caused you harm.
Personal injury cases are a vital tool in the state of Florida that protects the rights of people who may have suffered grievous injuries due to the actions or inactions of someone else. If you find yourself in such a situation and suffer an injury that could have been avoided, the chances are that you will miss work. A severe enough injury could even lead to long-term or permanent disabilities.
It is good to know what the state’s statute of limitations is to understand how you can approach seeking monetary compensation for the traumatic injuries you have incurred due to someone else.
This post will be your guide to understanding the statute of limitations, what personal injury cases are, and why you should take the right actions to pursue justice before it is too late.
Table of Contents
Understanding Personal Injury Cases
“Personal Injury” is a blanket term that covers a wide range of injuries or harm that a person might experience due to someone else’s fault. Various types of injuries fall under the term, and the personal injury case you need to file can be different based on what applies to your situation.
The most common personal injury claims made in Florida include, but are not limited to:
- Auto accidents
- Workplace accidents
- Slip and fall cases
- Medical malpractice
- Defective or harmful products
The key to getting anywhere with a personal injury lawsuit is proving that the alleged party is indeed guilty of causing you harm. Pursuing justice without legal help can become challenging when you have to deal with the other party’s legal team and insurance company representatives. Working with lawyers in Port St. LucieywPort St. Lucie personal injury lawyers can make a world of difference in getting desired results for your case.
Florida’s statute of limitations is also there to protect the legal rights of citizens from baseless claims made against them. The state has implemented deadlines through the statute of limitations to ensure that each personal injury lawsuit gets an adequate amount of time to be reviewed and resolved properly.
What Is Florida’s Statute Of Limitations On Personal Injury Cases
Have you suffered a severe injury and strongly feel that you should be compensated for it by the party at fault for causing it to you? According to the statute of limitations, you have four years until after the incident has occurred to file a personal injury lawsuit against the person or entity that caused it.
Determining the exact start date of the accident’s start date can be challenging in certain situations if the injury is a result of a series of events or exposure to certain conditions. Suppose that you develop a severe spinal cord injury due to the harsh environment at work. In that case, determining the exact point when the injury occurred is impossible. If you experience a similar situation, you could count the first instance you missed work due to the injury or visited the doctor for it as the date.
Car accidents, slip and fall injuries, and others, where you suffer immediate physical harm, are straightforward.
Can The Deadline For Filing A Personal Injury Case Be Extended?
Failing to report the injury within the four-year deadline could result in your case being regarded as ineligible. However, there are a few exceptions where the deadline can be extended, including:
- If you were deemed incapacitated due to the injury
- The at-fault party left the state before you filed your claim
- The at-fault party hid their identity to avoid being found
Situations like these are why it is necessary for you to begin the process of filing your personal injury lawsuit as soon as you can after suffering an injury. Hiring an experienced a qualified personal injury lawyer to begin the process can ensure that you do not miss the deadline to file and build a strong case to make you whole again, even if you are incapacitated.
How Do Settlements Compensate You In Personal Injury Cases?
Once you hire a personal injury lawyer and file your claim, the at-fault party will be served with the legal notice, and the case will begin. The at-fault party has the option to pay you a settlement to compensate you and end the legal process. It can assistcan help you and the other party in avoiding the hassles of taking the case to court and fighting a legal battle.
Suppose that your personal injury case does go to court. In that case, your lawyer will present the proof that shows why the other party was responsible for causing your injuries. The lawyer will also present a monetary figure that you expect to receive in compensation for your medical bills, lost wages, legal fees, and other expenses related to the injury. The at-fault party’s legal representation will provide evidence that disproves or devalues your claim.
Ultimately, the judge and jury will conclude your case based on all the evidence. If found guilty, the judge will award you the compensatory amount they believe you deserve based on all the facts around the case.
Why Working With A Good Lawyer Helps
The legal world is complex, and it can be overwhelming trying to figure out everything. From understanding the statute of limitations to dealing with insurance company representatives, gathering evidence, and recovering from your injuries, doing it alone can cause a lot of undue stress. You might also fail to get the compensation you deserve if the other party’s legal team knows all the ins and outs of Florida’s legal system.
We recommend working with qualified Port St. Lucie personal injury lawyers to avoid letting the at-fault party get away with causing you grievous injuries without repercussions and ensuring justice. Contact Frankl Kominsky Injury Lawyers to get in touch with a lawyer who can discuss your case with you and help you get the settlement you rightfully deserve.