How Long do I Have to Bring a Personal Injury Claim?

In Florida, the statute of limitations for general negligence claims is four years from the date of the accident. If suit is not filed within the statute of limitations, the claim will be extinguished. General negligence claims include car or truck accidents, slip and falls, dog bites, inadequate security at a business or apartment complex, stairwell accidents and those caused by other unsafe conditions encountered in a business or public place.

Uninsured motorist claims have a five year statute of limitations; however, in some instances suit should be brought within four years. This is because you may void your own uninsured motorist coverage by letting four years pass without suing the uninsured driver. Your uninsured motorist insurer has the right to seek reimbursement from the at-fault driver for any payment it makes to you. If more than four years passes from the date of the car accident and you have not sued the at-fault driver, then that driver can no longer be sued for the damages he or she caused. In this scenario, the uninsured motorist insurer has lost its right to seek reimbursement from that driver. This can lead to a loss of your uninsured motorist coverage.

As stated above, car accident claims have a four year statute of limitations. However, Florida’s personal injury protection laws require that you obtain medical care within fourteen days of an accident in order to receive any benefits. For those who are very conservative and want to see if their injuries heal on their own over time, this can be a very significant disadvantage. The $10,000.00 of PIP benefits is extremely helpful in getting thorough medical care and reimbursement for lost wages.

Claims for nursing home neglect or abuse and medical malpractice have a two year statute of limitations from the date you had some reason to suspect you may have suffered from negligent care. Medical and nursing home claims are very time consuming for an attorney to evaluate and the attorney must have the matter reviewed by a nurse or doctor before the claim can be initiated. Because this investigation is time consuming, waiting any amount of time before consulting with an attorney about a nursing home or medical negligence claim is strongly discouraged.

Negligence claims against the state, or a division of the state, like the City of Jacksonville, for example, must be filed within four years; however, a notice must be filed with the state agency or municipality within three years of the accident or incident.

Despite these time frames, it is a good idea to discuss your situation with a lawyer without delay. Over time, the strength of a claim can weaken – evidence can be lost and witnesses can become very hard to find and may not remember things as well as time passes. Most personal injury and car accident lawyers in Jacksonville will meet with you at no cost and no obligation to discuss your potential case. Sometimes, we consult with people in this situation and we advise them to wait a few weeks to see how serious their injuries are before deciding to pursue a claim.

Client Reviews
I have known Mr. Lawrence for several years and in my opinion he is the most professional and trustworthy lawyer I have ever known. I have had dealings with other lawyers but they were not as good as Mr. Lawrence. I would highly recommend him. Carla
I was referred to Greg by a coworker after I received a bad injury from an auto accident and was so pleased with Greg, and staff. They literally took care of everything for me while I was healing and kept me updated every step of the way. Calls and emails were always accepted and returned promptly and they were extremely patient and helpful with any questions and concerns that I had. Should I ever need legal assistance again I will definitely be calling him and referring him to family and friends. Amie M.
I had a difficult disability case, and was referred to Greg by a judge. As an experienced lawyer myself, I was apprehensive about using someone I didn't know. As it turned out, however, I could not have been more pleased. Greg mastered the case in no time, and was nothing short of brilliant in getting me a substantial settlement. He's a lawyer's lawyer, and I recommend him highly and without reservation. Steve
I would like to take a moment to say thanks to Greg, and his staff for doing an excellent job with my deceased mothers nursing home case. After hiring two other law firms my brothers and I decided to hire Greg. This was the best decision that we made regarding this case. Greg took the time to get to know who our deceased mother was, and the important facts involving our claim. As a result Greg was successful in resolving our claim to our satisfaction. Greg is the best attorney that I have ever met! I would highly recommend hiring Greg for any nursing home, or any other claims. Falsario Arnold
Of all the things that pleased me about Greg was that he was always available to me. If I called or emailed, I spoke to him and wasn't pushed off to one of his paralegals or assistants (although they were very helpful as well). I felt like I had a lawyer - not a factory. Scott