Norden Leacox Accident & Injury Law | October 29, 2024 | Personal Injury
The statute of limitations for personal injury is a law that sets the timeframe within which you must file a lawsuit after an injury. Missing this deadline can have severe consequences; the defendant can request a dismissal based on the statute of limitations, and the judge will likely grant it. This dismissal also removes any leverage for negotiating an out-of-court settlement, as the defendant has no incentive to settle with a claimant unable to pursue legal action.
The General Statute of Limitations Deadline
In Florida, the general statute of limitations for personal injury cases requires that you file a lawsuit within two years of the date of the injury. This deadline is critical—failing to file within this period usually bars you from pursuing compensation. The two-year limit encourages prompt legal action while evidence and witness accounts are still fresh, and it allows defendants to face claims in a timely manner. However, exceptions to this rule may apply, such as in cases involving delayed discovery of an injury or claims involving minors, which can extend the filing period under certain circumstances.
Exceptions
There are many exceptions to the general two-year statute of limitations. Please see below for a listing of the most important ones.
- The “Grandfather Clause”: On March 24, 2023, Florida reduced the statute of limitations for personal injury from four years to two years, effective on that date. That means that with respect to any injury occurring on March 23 2023 or earlier, the previous four-year statute of limitations applies unless there is an exception.
- Wrongful death: The wrongful death statute of limitations is also two years, but differs from the general personal injury statute of limitations in one important respect–the statute of limitations clock starts running on the date of the victim’s death, not the date of the injury (unless they happen to be the same day).
- The discovery rule: The discovery rule suspends the statute of limitations clock during the period when you don’t realize (and have no reason to realize) that you have a claim. This might happen, for example, if you suffer from exposure to a toxic substance and the symptoms don’t become obvious for years.
- Minority: A minor under 18 years of age cannot file a lawsuit in their own name If they become a personal injury victim, Florida gives them seven extra years to file a lawsuit. If that still isn’t enough, an adult can file the lawsuit on their behalf.
- Mental incompetence: Suppose a car accident puts you into a coma (for example). It isn’t reasonable to expect you to file a lawsuit while comatose. Consequently, Florida suspends the statute of limitations deadline until you regain mental competence.
- Out-of-state defendant: Florida suspends the statute of limitations countdown while the defendant is out of state or “whereabouts unknown.”
There are several more exceptions that might apply to your specific situation, so it is always a good idea to discuss your case with an experienced attorney to ensure that you don’t miss critical deadlines.
How Missing the Statute of Limitations Can Impact Your Personal Injury Claim
Missing the statute of limitations deadline can have severe consequences for your personal injury claim. If you fail to file your lawsuit within the required time frame, the defendant can request the court to dismiss your case based on the statute of limitations. Once the judge grants this dismissal, you lose your right to pursue legal action and your opportunity to seek compensation.
Additionally, missing the deadline eliminates your leverage in negotiating an out-of-court settlement. Without the ability to enforce your claim in court, the defendant has little incentive to settle, leaving you with limited options for resolution. To protect your rights and ensure you can seek the compensation you deserve, it’s crucial to act within the statute of limitations and consult with an experienced personal injury attorney as soon as possible.
Why You Need Norden Leacox to Help You With the Statute of Limitations Deadline
The statute of limitations—and its many exceptions—can be complex, and the consequences of missing a deadline can be devastating for your claim. Unfortunately, it’s easier to miscalculate these deadlines than you might think. A Florida personal injury lawyer can help you navigate these critical timelines and provide guidance throughout the legal process.
With over 75 years of combined experience, Norden Leacox Accident & Injury Law has the expertise needed to handle personal injury cases like yours effectively. Contact us today to schedule a free consultation.
Contact a Personal Injury Lawyer at Norden Leacox Accident & Injury Law Today
For more information, please contact Norden Leacox Accident & Injury Law to schedule a free consultation. We have five convenient locations in Florida, including Orlando, Palm Bay, Melbourne, Cocoa, and Titusville.
Norden Leacox Accident & Injury Law – Orlando, FL Office
964 Lake Baldwin Ln Ste. 200
Orlando, FL 32814
Phone: (407) 801-3000
Hours: Open 24/7
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Find us with our GeoCoordinates: 28.5593579,-81.3271749
Norden Leacox Accident & Injury Law – Palm Bay, FL Office
4620 Lipscomb Street N.E Suite #3K
Palm Bay, FL 32905
Phone: (321) 677-5964
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Find us with our GeoCoordinates: 28.039083,-80.6083109
Norden Leacox Accident & Injury Law – Melbourne, FL Office
1600 W Eau Gallie Blvd #205j
Melbourne, FL 32935
Phone: (321) 450-7134
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Find us with our GeoCoordinates: 28.1289147,-80.6461588
Norden Leacox Accident & Injury Law – Cocoa, FL Office
717 S Cocoa Blvd STE 203
Cocoa, FL 32922
(321) 449-8042
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Find us with our GeoCoordinates: 28.3511613,-80.7312948
Norden Leacox Accident & Injury Law – Titusville, FL Office
4527 S Hopkins Ave Suite B
Titusville, FL 32780
Phone: (407) 801-3000
Hours: Open 24/7
Our firm is located near you. We have an office in Titusville, FL.
Find us with our GeoCoordinates: 28.5584923,-80.8010051