How Long Do I Have to Make a Personal Injury Claim?

Statue of limitations:

As of 2023, after recent developments in the law, you have two (2) years after the date of your accident to bring a lawsuit in the state of Florida. This limit is known as the statute of limitations. If you fail to file a lawsuit in this amount of time then you will be forever prevented from getting any type of relief from the legal system.

This means that it is critical to get an attorney to guide you through your personal injury case as soon as possible. It is important that an attorney has adequate time to review the facts of your case, implement a unique legal strategy and have sufficient time to get discovery against potential defendants.

Most attorneys like to have a lawsuit filed at least six (6) months in advance of any statute of limitation deadline to make sure that if there is time to ensure that the claim is properly pled with a complaint in the proper jurisdiction against the correct defendant.

Does this mean I can do not need to seek medical treatment right away?

No. The two (2) year period applies only to filing a lawsuit and does not ensure that your claim is properly prepared to document your injuries.

Furthermore, if you do not seek treatment within 14-days then you will not be able to utilize Personal Injury Protection (PIP) insurance.

Conclusion:

You should seek a lawyer right away after an accident to ensure that you get proper guidance from day one. This will put you in the best position to get the maximum compensation available for your injuries. If you fail to file your lawsuit in (2) years then you will not be able to later come back and decide to pursue a case. The Courts will not take any excuse for missing this deadline.