How Much Time Do I Have to File a Claim?
Most attorneys would advise you to file a claim as quickly as possible following an accident, and for good reason. You have a limited amount of time to file a claim under the legal requirements called the statute of limitations. You forfeit the right to file if you do not take any action within this time period.
Each state enforces its own statues, for each type of claim. For the majority of personal injury cases, you have four years from the date of the accident to file your claim.
These are examples of claims subjected to the Florida’s statute of limitations:
- Personal injury
- Property damage
- Products liability
- Wrongful death
- Medical malpractice
It is important to note that wrongful death and medical malpractice claims must be exempted from aforementioned law, as you only have two years to file from the date of the incident or the action that caused the injury or death.
Why enforce the statute of limitations?
Statute of limitations keeps the integrity of all of the possible evidence, testimonials, and records related. Memories of the incident can fade the more that time passes. If you have witnesses who can testify on your behalf, you will want to make sure that the information that they provide is fresh and razor sharp. You may not be able to provide your attorney all the evidence necessary to build a strong case for you. Not to mention, you may miss out on receiving restitution to pay for the treatment and recovery of your injuries the more time is taken.
Can I extend my deadline?
While the law does not allow you to file past the deadline, there is a way to extend the time you need if your claim still has not yet been settled or you are still in the process of gathering the necessary materials. This process is called “tolling,” which essentially puts a pause on time, allowing you to proceed without having to worry about whether or not you might surpass your deadline. These may only be approved under certain circumstances, so it is best that you speak with your Port St. Lucie personal injury lawyer about your particular situation if your deadline is fast approaching.
If you need assistance with filing your injury claim, speak to the attorneys at Crary – Buchanan, Attorneys at Law. We one of the oldest and most prominent firms in the Treasure Coast area, and we can help you obtain rightful compensation and a speedy resolution to any injury case.