JONES LAW GROUPYour Lawyers for Life! Personal Injury Law Firm in St. Petersburg
When it comes to going after compensation for a personal injury, no one wants to wait longer than necessary. But the reality is it could end up on the back burner while you’re juggling treatment and your everyday life. Or it may have taken weeks or months to realize the extent of your injuries. While […]
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Call our personal injury law office at (727) 512-9847
Get educated on the Florida's personal injury laws and more.
When it comes to going after compensation for a personal injury, no one wants to wait longer than necessary. But the reality is it could end up on the back burner while you’re juggling treatment and your everyday life. Or it may have taken weeks or months to realize the extent of your injuries. While it is always in your best interest to pursue a case as soon as possible, the law does allow some leeway.
If you’ve been wronged by a person, business, or other entity and you plan to take legal action, you will have to work with certain restrictions. One of them is a time limit. There are laws, or statutes, that require plaintiffs to begin legal proceedings within a certain number of days, months, or years after the inciting incident.
In most cases, those injured in motor vehicle accidents within the State of Florida have four years from the date of the accident to lodge a claim. However, there are some exceptions to that rule. If car accident victims have extremely extensive injuries that prevent them from taking legal action, their time frame can be extended to seven years. Another exception is if significant new information comes to light. For example, if the driver of a hit and run accident is identified, that can buy a plaintiff more time.
Similarly to most other personal injuries, the statute of limitations for slip and falls is four years, however, it’s important to seek treatment and take action quickly. Some of the most common slip and fall injuries, such as head injuries, hip fractures, and spine injuries, also happen because of a variety of other accidents. The longer you wait, the easier it will be for the negligent defendant and defending lawyer to deny responsibility for your injuries.
Florida’s statute of limitations of medical malpractice lawsuits is just two years. That two year clock begins at the date of discovery rather than the date the malpractice happened. For example, if a doctor misdiagnoses a critical illness in January, and the real diagnosis is made in December of the same year, the patient has two years from the December date to take legal action.
Similarly, if the victim of medical malpractice is significantly incapacitated, the two year period can be tolled – delayed until the patient is able to pursue a case. Say, for instance, a botched surgery leaves a patient in a coma for several months. It’s reasonable to expect that the months when the patient was unconscious shouldn’t be counted in the two year period.
Even in exceptional situations, it is incredibly difficult to pursue a medical malpractice case beyond the four year mark because Florida has an extremely rigid limitation called the statute of repose. If it can be proved that a healthcare provider hid or misrepresented information or engaged in fraud, a victim of medical malpractice can get an extension up to seven years from the date of the injury. Otherwise, it is unlikely a case will be accepted. There are very few exceptions, one being cases on behalf of minors under the age of eight.
When a victim passes away because of a negligent party, a personal representative of the deceased’s estate has two years from the date of the death to file a wrongful death claim. If the negligent party is also involved in the accident, it’s possible he or she will not survive either. And if that person dies while the lawsuit is active, the representative of the victim’s side has to file a motion to continue the lawsuit against the other estate. This has to be done within 90 days.
Like wrongful deaths and medical malpractice lawsuits, nursing home abuse lawsuits must be initiated within two years. The typical nursing home residents are more vulnerable than the general population. Close to six million Americans who are 65 and older live with Alzheimer’s, and that’s just one of the conditions that make it difficult for residents to report and take legal action when they’re abused.
In many situations, family members aren’t immediately aware, and they’re usually the ones who will have to pursue a case on behalf of their loved one. That’s why the two year clock starts when the abuse is discovered.
Even if the statute of limitations isn’t approaching, it’s best to begin the legal process as soon as possible while memories are freshest and evidence is most readily available.
If you or a loved one has been injured in an accident of any kind, you will feel at ease working with an experienced attorney who makes sure you meet all necessary deadlines and requirements in your personal injury case. The legal team of Jones Law is both thorough and persistent. We will analyze your case in detail, and we will work diligently until you’ve received maximum compensation. Initial consultations are free. Contact us online or by phone at 727-571-1333.
Any sort of catastrophic injury, no matter what happens to cause it, will typically result in a lifetime of pain, misery and debilitation. When that injury is due to someone else’s negligence, such as when the driver of a car hits a motorcycle, or a careless truck driver collides with a passenger vehicle, that can […]
A recent report by Mothers Against Drunk Driving (MADD) showed that only 61% of drunk drivers are convicted of their charges. The information in this report was collected from September 1, 2017 to September 1, 2018. The conviction rate is down 7 percent from the previous year. MADD has staff and volunteers that regularly monitor […]
After a minor car accident, reporting the collision can help preserve evidence if you pursue a personal injury claim later on. Summary Every day, countless drivers in Florida experience the unsettling jolt of a minor car accident. These fender benders, while often resulting in mere scratches or small dents, are surprisingly common. In many cases, […]
When personal injury accidents result in catastrophic injuries, victims may be entitled to recover compensation to offset the long-term damages of their disability. Summary Suffering a long-term disability due to a personal injury accident can be devastating physically, emotionally, and financially. In such cases, pursuing a legal claim for damages becomes crucial to ensure fair […]
The first 48 hours after a Florida slip and fall shape the entire case. Report the fall, photograph the hazard before it’s cleaned up, get witness contacts, see a doctor the same day, and do not give a recorded statement to the insurance company. This guide walks through the 10 steps that protect your claim, the mistakes that sink cases, and why Florida’s notice rule under § 768.0755 sinks more slip and fall cases than the injury itself.
More than 40%of all motor vehicle accidents result in some type of injury, including lower back pain. This type of pain can range from mild discomfort to severe, chronic pain lasting years after the accident. The following is a look at the types of motor vehicle crashes that can cause lower back pain, the types […]
Speak with us before time runs out! In Florida, you have a limited window to file a personal injury case, so speak to an Attorney today.
Call our personal injury law office directly at (727) 512-9847
Jones Law Group is a dedicated personal injury lawyer in St. Petersburg, FL, serving the Tampa Bay area since 2006. Our experienced attorneys specialize in car accidents, slip and fall cases, employment law disputes, construction law issues, and overtime wage claims, fighting for maximum compensation on a contingency fee basis. Contact us for a free consultation to discuss your case.
Call our personal injury law office at (727) 512-9847
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