How Long Do I have to File a Personal Injury Claim in Florida?

As you’re reading this, you might be grappling with whether or not to file a personal injury claim. With so many questions swirling in your head, heaps of paperwork to look through, plus taking time to rest and recoup, the thought of filing a personal injury claim might feel like too much of a burden. But, doing so could get you the money and peace of mind you deserve. 

If you or someone you know is considering filing a personal injury claim in Florida, there are specifics you should know. In this blog post, we’re getting back to basics and giving you the information you need to act accordingly. 

What counts as personal injury in Florida?

Personal injury is an injury to a person’s body, mind, and/or emotions as opposed to their property. According to Florida law, an injured person can file a personal injury claim to hold the responsible party accountable. If the personal injury claim is won, the victim receives compensation for their injuries and/or damages. 

Personal injury claim checklist

Experiencing an accident and sustaining injuries can be a traumatic experience. Your mind is likely moving at the speed of light trying to process what occurred all while planning how to handle moving forward. Though a difficult time, collecting valuable information can help you get the compensation you deserve. Here’s a personal injury claim checklist:

  • If possible, take a picture of the accident scene immediately. Be sure to take pictures from different angles. These images can be used as visual aids in court. 
  • Have your auto insurance information/policy handy
  • Obtain copies of the police report from your accident
  • Collect and organize all of your medical records
  • Obtain documentation of your medical bills to keep track of how much you’ve spent as a result of the accident
  • Keep and make copies of any receipts of purchases made as a result of the accident. Examples include paying for alternate transportation (Ride share services and/or rental car), childcare, housing accommodations (hotel stay), etc. 

How long do I have to file a personal injury claim in Florida?

When it comes to personal injury law in Florida, the statute of limitations varies depending on the injury. For example:

  • Negligence (This can be characterized by most auto, motorcycle, and boat injuries) – Four years
  • Uninsured Motorist claim – Five years
  • Wrongful death – Two years
  • Products liability/defective products – Typically four years
  • Medical negligence and malpractice/Dental malpractice – Two years from the date of the negligent act (when you knew or should have known of the alleged malpractice). But there are many different exceptions as well that would push it past 2 years.

We suggest filing a claim shortly after an injury occurs. The longer it takes to file it, the more of a negative  impact it has on the value of the injury claim. We can file and handle the claim to make it easier on you, so you can go back to more important things like family, work, school and treatment. If  you’re ready to file a personal injury claim, contact us today and book your free case evaluation.