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A blue ‘Personal Injury Law’ book on a wooden desk next to a phone, symbolizing the importance of Florida’s statute of limitations for personal injury cases.

The Statute of Limitations for Filing Personal Injury Cases in Florida

Written by The Kraken Law Group Team | When the Law Gets Tough, We Get Kraken.

If you’ve been injured in an accident, the physical, emotional, and financial toll can feel overwhelming. In the midst of medical treatments and recovery, it’s easy to lose track of time. However, if you’re considering legal action, understanding Florida’s statute of limitations for personal injury cases is crucial. Waiting too long to file your claim could mean losing your right to seek compensation for your injuries.

What is the Statute of Limitations for Personal Injury Cases in Florida?

In Florida, the statute of limitations for most personal injury cases is two years from the date of the accident. This means that if you were injured due to someone else’s negligence—whether in a car crash, slip and fall, or another type of accident—you generally have two years to file a lawsuit.

This deadline is strictly enforced and missing it could prevent you from recovering compensation for medical bills, lost wages, and pain and suffering. However, there are exceptions that may extend or shorten this time frame, making it essential to consult with an Orlando personal injury attorney as soon as possible.

Infographic summarizing Florida’s personal injury statute of limitations, including the standard two-year rule and common exceptions.
Understanding the timeline for filing a personal injury claim in Florida.

Exceptions to the Two-Year Rule

While the two-year statute of limitations applies to most personal injury cases, there are a few exceptions:

  • Medical Malpractice Cases: Victims of medical malpractice typically have two years from the date they discovered (or should have discovered) the injury to file a lawsuit, but claims cannot be filed more than four years after the negligent act occurred.
  • Claims Against Government Entities: If your injury involves a government agency, special rules apply, including a shortened deadline and a requirement to file a notice of claim before suing.
  • Wrongful Death Cases: If you’ve lost a loved one due to someone else’s negligence, the statute of limitations for wrongful death claims in Florida is two years from the date of death.
  • Delayed Discovery of Injury: In some cases, injuries are not immediately apparent, such as in cases involving toxic exposure or delayed medical complications. Depending on the circumstances, the statute of limitations may begin when the injury is discovered.

Given these complexities, it’s important to speak with an accident lawyer in Orlando who understands Florida’s personal injury laws and can determine the best course of action for your case.

Infographic highlighting exceptions to Florida’s personal injury statute of limitations, including cases involving minors, fraud, and toxic exposure.
Exceptions to Florida’s personal injury statute of limitations.

Why Acting Quickly is Important

Even if two years seems like a long time, taking action sooner rather than later can greatly strengthen your case. Here’s why:

  • Preserving Evidence: Crucial evidence, such as surveillance footage or accident scene details, can disappear over time.
  • Witness Testimonies: Witnesses’ memories fade, and their availability may change, making it harder to build a strong case.
  • Negotiation Leverage: Insurance companies often delay settlement discussions, hoping victims will give up. A proactive legal approach shows them you’re serious about seeking fair compensation.
Infographic explaining why filing a personal injury claim quickly is crucial, including preserving evidence, securing witness statements, and avoiding insurance delays.
Why you should act fast when filing a personal injury claim.

How an Orlando Personal Injury Attorney Can Help

If you’ve suffered an injury due to someone else’s negligence, navigating Florida’s legal system alone can be overwhelming. An experienced personal injury attorney in Orlando can help by:

  • Assessing your case and advising on the best legal strategy
  • Handling negotiations with insurance companies to ensure a fair settlement
  • Filing all necessary legal documents before the deadline
  • Representing you in court if a fair settlement cannot be reached

At Kraken Law Group, we understand that an injury can disrupt your life in ways you never expected. Our dedicated team of personal injury attorneys in Winter Park fights for victims’ rights, ensuring they receive the compensation they deserve.

Don’t Wait—Protect Your Rights Today

If you or a loved one has been injured in an accident, don’t wait until it’s too late. The clock is ticking on your ability to file a claim, and delaying could cost you your chance at justice.

Contact Kraken Law Group today for a free consultation with an experienced accident lawyer in Orlando. Let us help you navigate the legal process and fight for the compensation you deserve.

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Visit Us: 1420 Gene St, Winter Park, FL
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About Our Kraken Law Group Team

The Kraken Law Group Team is composed of experienced attorneys and legal professionals specializing in personal injury, immigration, family law, and real estate law. We are committed to providing accurate, insightful, and up-to-date legal information to help individuals and businesses make informed decisions.

Every article published on our blog is carefully reviewed by our legal team to ensure accuracy and compliance with the latest legal developments. Our goal is to empower readers with trustworthy legal knowledge while offering expert guidance tailored to their needs.

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