What Is The Statute Of Limitations For Bringing A Personal Injury Suit In Florida?
In Florida, the statute of limitations for bringing a personal injury suit depends on when the incident occurred. If the incident occurred on or before March 24, 2023, the statute of limitations is generally four years. If the incident occurred after March 24, 2023, the statute of limitations is generally two years. This means that the claimant must file the lawsuit within two or four years, depending on when the incident occurred. In some other states, there is what’s called a hard statute of limitations, which means that the claimant not only has to file the lawsuit before the statute of limitations is up, but also serve the defendant within just a few days after the statute of limitations has passed. In certain situations, such as an injury to a passenger on a cruise line, the statute of limitations could be as short as one year!
What Damages Can A Plaintiff Seek In A Personal Injury Claim Under Florida Law?
There are typically two types of damages awardable in a personal injury claim: economic and non-economic damages, also referred to as monetary and non-monetary. Monetary damages are more easily quantifiable, and include out-of-pocket expenses, past and future medical expenses, lost earnings, lost time, and lost earning capacity. Non-economic damages are more difficult to measure and include pain and suffering, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life. The spouse of the injured person, the unmarried dependent of an injured parent or the parents of an injured minor may also recover for losses of services, comfort, help, attention, love, affection and companionship.
A Plaintiff may also seek punitive damages in certain situations if the defendant was guilty of intentional misconduct or gross negligence. An example of when punitive damages would be possible is where a defendant is intoxicated at the time of the auto accident that resulted in injuries to the Plaintiff.
How Important Is Seeking Prompt Medical Attention In My Personal Injury Case?
It is very important to seek prompt medical treatment after an auto accident for several reasons. If an injured party is not seen within 14 days of the accident, then they will likely not qualify for personal injury protection (PIP) benefits. Another reason it is extremely important is because there is a legal duty under Florida law to mitigate your damages, meaning an injured party must seek medical care in order to prevent their condition from worsening as a result of failing to obtain proper medical treatment. The defense could use the failure to mitigate as a reason for reducing or denying a claim.
The general purpose of PIP coverage in Florida is to provide people with the financial ability to seek medical attention regardless of who was at fault for the accident. In other words, it prevents a delay in treatment that could otherwise result from not receiving compensation from the at-fault party in a timely manner. By seeking immediate care, the idea is that the damages will be less than they would be if treatment had to be delayed.
In addition to the legal reasons for seeking medical care right away, it is important to do this for one’s health, well-being, and recovery. The earlier an injured person seeks treatment, the better off they are going to be.
For more information on Statute Of Limitations For A PI Claim In FL, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (727) 490-8712 today.
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