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I Was Injured More Than Two Years Ago. Can I Still File a Personal Injury Claim?

If you’re suffering from an injury caused by another person’s negligence, you may be thinking about filing a personal injury lawsuit. If so, it’s important that you become familiar with Florida’s laws regarding the statute of limitations for filing personal injury lawsuits. 

What is a statute of limitations?

A statute of limitations is a deadline specifying how much time you have to take legal action in civil court against the person or business that might be at fault. Statutes of limitations have been put into place to preserve the integrity of evidence, including personal accounts and witness testimony, and vary in length depending on the type of claim.

What Is Florida's Personal Injury Statute Of Limitations?

In Florida, the statute of limitations for most personal injury cases is four years from the date of the accident or injury.

There are some exceptions to the four-year limit, however. Some of these exceptions result in a shorter statute of limitations, while others may extend the limit under certain circumstances. For medical malpractice and wrongful death cases, for example, the statute of limitations is shortened to two years. In addition, personal injury claims against a Florida county, city or state government must be filed within three years.

In some cases, Florida also honors the discovery rule. This rule states that the statute of limitations does not begin to run until the plaintiff discovers the injury. The discovery rule most often applies when the plaintiff becomes ill many years after exposure, which is often the case when occupational asbestos exposure causes mesothelioma, a slow-growing type of cancer.

If you’ve recently been injured through a negligent party’s actions, you may be able to recover compensation for your injuries and other damages. Speak with a dedicated Sarasota personal injury attorney to find out if you have grounds for an injury claim. 

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