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How Long do I have to File a Personal Injury Claim?
Our Miami personal injury lawyers often make a point of urging prospective clients to move quickly with their claims. This is because you have a limited time to file a personal injury claim. Under Florida law, there is a statute of limitations for personal injury cases, just as there are for most other types of claims.The statute of limitations is the period of time a person has to file a lawsuit after an incident occurs.
The relevant time limits for personal injury claims in Flordia are:
- Negligence claims: Four years (these are general personal injury cases and include car accidents, slip and falls, premises liability claims and related cases)
- Medical malpractice: Two years
- Wrongful death: Two years
In some cases, but not all, there are certain exceptions and complications to the statute of limitations. Inmedical malpractice claims, the clock starts from the day of the actual malpractice occurs or from the time the injured patient knew or should have known that they were the victim of a medial malpractice; but no event may the statute of limitations be extended beyond four years from the date of the actual malpracitce, unless a child is involved.
These complexities are part of the reason you need an experienced personal injury lawyer. We know Florida personal injury law,as it is the only type of law we practice, and we’ll be able to tell you how much time you have for your specific claim.
You shouldn’t wait until the last minute to pursue your claim. Speak to our personal injury lawyers shortly after you’re injured so you know how to best protect your rights.
If you’re a Florida resident, or were a visitor who was injured in Florida, looking for a skilled personal injury lawyer,please contact The Law Offices of Joseph I. Lipsky, PA today for a free, no-obligation initial consultation.