As a Miami injury attorney, keeping up-to-date on legal changes is vital. One key update is Florida’s revised statute of limitations for personal injury lawsuits.
What’s Different?
In March 2023, Florida passed House Bill 837, significantly altering the state’s tort laws. Notably, the time limit to file a personal injury claim has been reduced from four years to two years. Previously, injured parties had four years from their injury date to sue the responsible party. Now, acting quickly is critical. If a lawsuit isn’t filed within this timeframe, dismissal is likely, eliminating any chance of compensation.
National Standards
While this change might seem drastic, most states have a two-year statute of limitations for personal injury claims. Some even have a one-year limit. This change brings Florida closer to the national norm.
Exceptions Exist
The shortened statute of limitations only applies to negligence claims arising after March 24, 2023, the law’s effective date. Exceptions also exist:
- Incapacity: If the law deemed a person “incapacitated” at the time of the incident.
- Out-of-State Defendant: If the person who caused the injury left Florida before a lawsuit could be filed.
- Deception: If the defendant actively avoided being served a lawsuit within the state.
Potential Challenges
While aligning with national standards, potential drawbacks exist:
- Limited Time for Investigation: The shorter timeframe means less time for victims to determine injury severity, gather evidence, and investigate the at-fault party’s actions. This could prevent some from filing a claim within the new window.
- Legal Representation Concerns: This law might disproportionately affect those without easy access to legal representation and knowledge of their rights. This could prevent them from filing a claim on time and hinder their ability to seek compensation.
Why Legal Counsel Matters
Consulting a Miami injury attorney as soon as possible after an accident is crucial:
- Evidence Preservation: Acting quickly allows for preserving critical evidence for your case. An attorney can guide you on gathering and protecting this evidence.
- Legal Options Evaluation: Injury attorneys can assess your case’s merits and determine available legal options under the new law. Early consultation allows for a thorough review and understanding of potential legal remedies.
Conclusion
Florida’s new statute of limitations alters the landscape for personal injury claims. Consulting a Miami injury attorney immediately after an accident is vital. They can offer guidance, protect your rights, and help you navigate the complexities of the revised law.
Don’t Wait – Get Help Now
If you or a loved one has been injured due to another party’s negligence, contact a Miami injury attorney right away. With the changes to Florida’s tort laws, speaking to an attorney about the next steps for your specific situation is essential. Your Miami injury attorney can potentially help you recover compensation for medical bills, lost wages, pain and suffering, property damage, and more. Don’t face this alone – seek legal help today.