Personal Injury Statute of Limitations in West Palm Beach, Florida
Not all West Palm Beach personal injury law firms are equipped to handle the complexity of your case, particularly those that have limited experience litigating motor vehicle accident cases, premises liability cases, wrongful deaths, and slips, trips, and falls.
If you or your loved one has been injured as a result of another person’s or business’ negligence, our award-winning law firm can help you bring legal action against at-fault parties to get you the financial recovery you deserve.
However, Florida law imposes strict timeframes with respect to pursuing legal recourse, so it is imperative to consult an experienced law firm immediately to build a compelling claim.
The most common types of personal injury claims in Florida are the following:
Slip and fall injuries are included under premises liability cases and generally include injuries to senior citizens, the elderly and children. These injuries occur when the property owner or management companies fail to maintain the premises in a safe and reasonable manner.
Auto Accidents to include: Car Accidents, Truck Accidents, Motorcycle Accidents
Car crashes are the leading causes of death in the United States, and are, unfortunately, occur in West Palm Beach Florida. One-in-three children killed in a auto accident were not wearing a seatbelt, and motorcycle accidents victims are 37 times more likely to sustain severe injuries.
The causes of wrongful death are limitless and often caused anothers recklessness and negligence. As South Florida’s leading West Palm Beach wrongful death lawyer David Shiner handles all types of personal injury cases that often result in someone’s death.
Understanding Florida Statute of Limitations
Florida’s statute of limitations permits victims of personal injury to recover economic and non-economic damages against a negligible person or company within four years from the incident or two years in cases of wrongful death.
When a claimant fails to perform the necessary steps in filing their claim, Florida law prohibits legal action from being taken.
Florida’s statute of limitations, as interpreted by Florida courts, are laws defining the period in which a claimant may file a lawsuit, depending on the type of case or claim before the claimant is barred from recovering damages.
While each state may have different statutes passed by their respective legislatures, Florida law considers when the individual was injured and the cause of the injuries.
Generally, the statute of limitations goes into effect the date of the accident. For example, personal injury victims will have four years to pursue legal action from the date they are involved in a car accident, a slip and fall, or a medical malpractice incident.
However, in cases where fraud or other activity impeded discovery, the statute timeframe begins from the date of discovery.
For example, if you are injured on January 1, 2016, you must file your claim before January 1, 2020.
Do not wait in pursuing your claim, as key evidence and the quality of eyewitness testimony may degrade over time. Filing your claim in the aftermath of an accident will help you safeguard your legal and financial interests.
Special Considerations: Sovereign Immunity & Limited Insurance
If you or your loved one has been injured in an accident caused by a state or government official, the official may have sovereign immunity that prevents victims from filing a civil suit; however, Florida waived its sovereign immunity for select types of civil cases, such as those arising from negligence.
A claimant in a negligence suit must file for damages within three years from the incident and notify the State of Florida’s Department of Financial Services.
In cases where you or your loved one has been injured in a motor vehicle accident where the at-fault driver has limited or no insurance coverage, you may be forced to obtain financial relief from your own insurance company.
As insurance companies often attempt to satisfy the demands of the claim with minimal financial liability, victims may find it difficult to secure the support they need. This instance may result in an insurance company’s breach of contract.
Breach of contract lawsuits are subject to unique timeframes that differ from negligence lawsuits. In a breach of contract claim, claimants have five years from the date of breach to pursue legal action.
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