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The lawyers of Goldman, Babboni, Fernandez, Murphy & Walsh have more than 100 years of combined Florida legal experience in personal injury, wrongful death and negligence cases. David Goldman, and Michael Babboni have each represented accident victims throughout Florida for over twenty …

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Personal Injury Blog Post

How Long Do You Have to File a Personal Injury Claim in Florida?

If you’re injured as a result of someone else’s negligence or recklessness, you may be able to recover compensation for your medical expenses, lost wages, pain and suffering and more—but only if you file a claim in time.

Every state has rules about how long a plaintiff has to file a claim after their accident. This is called the statute of limitations. If the statute of limitations passes before you can file a claim, you won’t be able to recover. So how long do you have to file a personal injury suit in Florida?

General personal injury statute of limitations

For most personal injury claims, the statute of limitations is four years from the date of the accident. In other words, if you were injured in a car crash on June 30, 2023, you’d have until June 30, 2027 to file a claim. However, it’s best to get the process started right away: eyewitnesses and other evidence may not be available, the longer you wait.

Exceptions to the statute of limitations

There are certain exceptions to the statute of limitations. First, if you’re suing a government entity, the statute of limitations could be as little as six months from the date of the accident. Similarly, wrongful death claims have a two year limit.

If your injuries aren’t immediately apparent, the statute of limitations begins when you discover them. This is common in medical malpractice cases—but note that medical malpractice claims have a two-year limit.

In cases where a plaintiff is incapacitated or is a minor, the time period may be extended to seven years. For minors close to turning 18, the statute of limitations starts tolling on their 18th birthday.

Finally, if the defendant fled the state or concealed themselves, the statute of limitations may be paused until they can be found.

The skilled Manatee County, FL personal injury lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh can help you file before your time limit is up. Call today to get started.

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Goldman, Babboni, Fernandez, Murphy & Walsh
2822 University Parkway
Sarasota, Florida, 34243 USA