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Each state has enacted laws, called statutes of limitations, which state the amount of time you have to file a lawsuit after suffering a personal injury. If you do not file your claim within the statute of limitations, you may lose your right to seek compensation for your damages.
The attorneys at Colling Gilbert Wright & Carter have more than 80 years of combined experience fighting for the rights of personal injury victims in the state of Florida. Our attorneys will walk you through the legal process step by step and make sure all deadlines are met when filing your claim. Please call (407) 712-7300 today to schedule your free consultation.
Florida Personal Injury Statutes of Limitations
In the state of Florida, the statute of limitations for almost all personal injury cases is four years. This means you have four years from the date of the accident that caused your injury to file a claim. However, there are several exceptions to this law such as when your case involved wrongful death or medical malpractice.
Wrongful death cases in the state of Florida have a two-year statute of limitations. In other words, you must file your claim within two years of the date of your loved one’s death. However, if your loved one’s death was caused by medical malpractice, then the statute limitations for medical malpractice cases applies.
Florida Medical Malpractice Statutes of Limitations
In the state of Florida, the statute of limitations for medical malpractice claims is two years from the date when the patient either knew or should have reasonably known that their injury was caused by a medical error. However, there are also limits to the amount of time you can file your case even if you did not immediately discover that your injuries were caused by negligence.
Florida has enacted a law called the statute of repose which states that you may not file a medical malpractice claim more than four years after the date of the incident, regardless of when you discovered that negligence occurred. However, in most instances, the statute of repose can be extended beyond four years if the medical malpractice victim is a young child. In these cases, you will have until your child’s 8th birthday to file your case.
While you have up to four years to file most personal injury cases, it is best to act quickly. The sooner our attorneys can begin investigating your case, the greater your chances of a successful outcome. Often, witnesses may not remember the details of your accident as clearly several years after the event. Also, by investigating the accident scene while the evidence is still fresh, our attorneys can build a stronger case.
Please contact Colling Gilbert Wright & Carter by phone at (407) 712-7300 or online today to schedule your free personal injury consultation. We serve clients in and around Orlando, Florida.