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Video: How long do I have to file a Florida accident case?

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Personal Injury Video Law Tip

“It depends on the type of accident. A car accident case in the state of Florida, if you are suing the tort fees or person who caused you the injury (the person at fault), you have 4 years. If you are suing your own insurance company, meaning that an uninsured driver hit you and that you are suing your own insurance company for damages, you have 5 years. When suing for medical malpractice, you have 2 years, and when suing for nursing home abuse, you have 2 years.
– Dena Sisk Foman, Florida Personal Injury Lawyer at McLaughlin & Stern LLP in West Palm Beach


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She Said Dena Sisk Foman, Personal Injury Lawyer

Topic How long do I have to file a Florida accident case?

For Florida accident cases, different types of accidents have different statutes of limitations. The most common type of case is a car accident. You have four years to sue the person who caused the auto accident and your injuries. Often an accident is caused by an uninsured driver or a driver who does not carry enough insurance to compensate you for your injuries. In Florida accident cases, you may have underinsured motorist coverage. This is coverage pursuant to your contract of insurance. You are seeking payment from your own insurance company. This is considered a breach of contract action because the insurance company failed to protect you in paying for your claim as a result of an injury. Breach of contract has a five year statute of limitations. Hence, a car accident likely carries a four year statute of limitations. In the case of uninsured or underinsured claims, the statute is five years.

If you are dealing with a slip and fall case as a Florida accident case, the statute of limitations is four years. Your claim may go on longer than four years, but suit must be filed within four years of the date of your fall.

Medical malpractice cases carry a two year statute of limitations from the date of the malpractice. Florida accident cases concerning medical malpractice have a few exceptions but they are very hard to prosecute. First, the plaintiff can file for an extension of 90 days in cases that are nearing the expiration of the statute. The court generally grants properly and timely filed motions for extension in these cases. The only other exception is when the person did not learn of the malpractice until after it was committed. In this case, the statute would run two years from the date the plaintiff learned of the malpractice. Be careful of this, though. You must be able to clearly demonstrate why you were unable to discover the malpractice. For example, a doctor leaves an object inside of you during surgery. You spend the next few years with symptoms that no one can find out. Despite radiology, the object is not discovered until after the expiration of the statute. In this case, you would likely be able to demonstrate that you did not know of the malpractice and you had no way to know of the malpractice. Nursing home cases carry a two year statute of limitations and so do legal malpractice cases.

It is always best to see any attorney as soon after an accident as possible. In a Florida accident case, there can be pitfalls in a personal injury case that your attorney will be able to discuss with you.
– Dena Sisk Foman

He Said Bill Abel, Personal Injury Lawyer

Topic How long do I have to file a Florida accident case?

Most injury cases have a four year statute of limitations. The main exception is for injuries caused by medical professionals, which has a two-year statute of limitations. This means that a lawsuit must be filed with the Florida court within the requisite statute of limitation. If a lawsuit is not filed within the statute of limitations, then all claims are barred and the party who caused your injuries (or their insurance company) will not be responsible for any of your injuries. Once the statute of limitations has expired, there is nothing you can do (absent extraordinary circumstances) that would extend the time to file a lawsuit. As a result, it is best to contact a personal injury attorney to discuss your case in detail.
– Bill Abel

Personal injury law video number 100044:
Video: How Long Do I Have to File a Florida
Accident Case?

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