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How Long Do I Have To File A Personal Injury Claim?

All states place limitations on how long you have to file a lawsuit for personal injuries you have suffered. Our Miami personal injury lawyers explain that the main reason for this is to ensure that only valid claims are brought for actual injuries suffered. For example, if you are involved in a car accident and believe you suffered a neck injury as a result of the accident, you shouldn't be able to bring a lawsuit ten years following the accident, because enough time has passed that other events or occurrences may have been the cause for your neck injury. These limitation laws, called "statutes of limitations," provide individuals with ample time to discover their injuries and file a lawsuit against any responsible parties.

In Florida, the statute of limitations for most personal injury claims is four years. This means that you have four years from the date you were injured to file a lawsuit against the responsible party. The list below includes, but is not limited to, common personal injury claims that fit into the four-year rule:

  • Car Accident Cases, including minor injuries as well as fractures, brain trauma and spinal cord injuries;
  • Slip and Fall (Premises Liability) Cases;
  • Motorcycle and truck accidents

    There are other types of personal injury claims that are subject to different rules. First, medical malpractice claims are subject to a two-year statute of limitations, where you must file a lawsuit against the negligent healthcare provider within two years of being injured or two years from the time you knew or should have known about the medical malpractice. It's always best to speak with a qualified attorney to discuss the Statute of Limitations as other factors may apply and the date to file may be different. Second, wrongful death actions must also be brought within two years of the time of death caused by another person or entity's negligence.

Uninsured/ Underinsured Motorist claims have a five (5).

You should also seek with an attorney to find out what the applicable Statute of Limitations is regarding product liability cases, as these time frames have many variable. The bottom line is to speak wit a lawyer as soon as possible and once yu've discussed the facts of a claim, he/she can better advise you as to the applicable Statute of Limitations.

The Sooner You Contact an Attorney, the Better

Aside from ensuring that you comply with Florida law by filing your lawsuit within the required time period, there are a variety of other reasons for contacting an attorney and filing a lawsuit as soon as possible. Some of these reasons include the following:

  • The earlier you seek the advice of an attorney regarding your potential personal injury claim, the sooner the attorney can evaluate the facts and hopefully seek a resolution;
  • Your medical condition shortly after your injury and the management of your medical care, the documentation of the care and your lost wages are very important to maximizing the dollars you recover in a claim., Waiting nearly four years to file a claim may make it difficult for you to recall how bad your injuries were shortly after the accident and not allow the attorney to maximize yor money damages.;
  • If you find that you wish to change your attorney during the course of your personal injury action, you will have time to do this if you seek advice as early as possible after you suffer an injury; and
    If you wait nearly four years to file a personal injury claim, you could make your injury worse and it may be difficult to determine what the true cause of your injury was (for example, if your back was injured in a car accident, and you lift weights for the next three years, it's possible that the weight lifting could substantially make your injury worse)

The sooner you contact our South Florida Personal Injury Attorneys, the sooner you will be able to recover compensation that you deserve, and the sooner you will be able to heal and put your injury behind you.

Contact Our Miami Personal Injury Attorneys Today To Schedule Your Free Consultation

The law firm of Greenberg Stone and Urbano employs Miami Personal Injury Lawyers who have over 100 years of combined experience in advocating for their clients who have sustained serious personal injuries. Our skilled attorneys have been named "Superlawyers," a title associated with being among the best lawyers in America. Our lawyers have also earned a rating of "AV" by Martindale Hubbell and have been voted "South Florida's Top Rated Lawyers" by the Miami Herald. They have also been invited to be members of Primerus, an international society of leading law firms. Call Greenberg Stone and Urbano today to schedule your free consultation. One of our seasoned personal injury attorneys will investigate and evaluate your claim and advise you of all your legal options. You can contact us through our website or call us at either (888) 499-9700 or (305) 595-2400.

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