Were you recently injured in an accident in West Palm Beach, or another
part of Florida that was not your fault? If you plan on filing a
personal injury claim, you’ll want to become familiar with the laws that can and
will affect your case, namely the “statute of limitations”
for filing a personal injury lawsuit in Florida.
Every state has enacted a “statute of limitations” for personal
injury claims. This refers to the deadline for filing a personal injury
claim or civil lawsuit against the individual or entity that is legally
“at-fault” for your injuries.
Florida’s Statute of Limitations
Unlike some other states, Florida has a rather generous statute of limitations
for personal injury claims. Under
Section 95.11 of the Florida Statutes, injured parties have
four years from the date of the injury to file a lawsuit against the at-fault party.
If you fail to file your case within the four years, you lose your right
to file permanently.
However, if you did not “discover” that your injury was caused
by the accident or incident until sometime later, the courts may allow
you to extend that window. Additionally, if you are filing a claim against
a city, county, or state government, the statute of limitations is shorter: you have
three years to file a claim in those cases.
What is Comparative Negligence?
In some personal injury cases, the person or business you are trying to
file a claim against may respond by saying that you were to blame for
your injuries, in whole or in part. If you are in fact partially responsible
for your injuries, it can reduce the amount of compensation you receive
from the other at-fault party, whether it’s an individual or business.
Under Florida’s “pure comparative negligence rule,”
your compensation would be reduced by an amount equal to your percentage
of fault in the accident.
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