The Chauncey Law Firm, P.A.

How Long Do I Have To Hire An Attorney For A Personal Injury Claim?


In Florida, the statute of limitations on personal injury claims is four years from the date of the incident, which means that an individual must file the claim within those four years. If they miss the window of time set forth by the statute, then they will be precluded from ever filing suit on that claim. However, in cases involving minors or previously adjudicated incapacitation, the statute of limitations may be postponed for a maximum of three years, making for a total of seven years from the date of the incident.

The statute of limitations on medical malpractice and wrongful death claims is two years from the date that the incident occurred, was discovered, or should have been discovered. However, there are certain exceptions which would postpone the statute of limitations by two years, making for a total of four years. For example, if the claimant is a minor, then the statute of limitations will be extended.

How Can I Determine How Much My Personal Injury Claim Is Worth In Florida?

There are several factors that will determine the value of a personal injury claim in Florida, including the severity of the injury, the level of negligence on behalf of the guilty party, whether or not the injured party was partially at fault for the incident that led to their injury, and estimates for what a jury would be likely to award a victim.

According to the collateral source rule in Florida, the total amount of recoverable economic damages will not be reduced by compensation from collateral sources, such as insurance agencies. However, if a claim is unlikely to be considered valid or successful, then the value of it will be diminished. In addition, pre-existing medical conditions and a history of multiple prior claims could lessen the value of a personal injury claim.

Can I Include Medical Bills In My Florida Personal Injury Claim?

A personal injury claim should certainly include any medical bills associated with the injury. In fact, medical bills play a very important role in the determination of the value of a claim, as they reflect the level of pain and suffering the victim experienced as a result of the injury. Florida law allows for a plaintiff to recover for past, present, and future medical expenses associated with the personal injury claim, which means that an individual seeking such compensation must be able to provide proof that the injuries sustained were caused by the incident set forth in the claim. In other words, health issues or injuries not directly related to the claim will not be considered in the valuation of the claim.

What Damages Can I Recover In Connection With My Personal Injury Claim?

Medical expenses (past, present, and future), lost wages, and pain and suffering (past, present, and future) are all damages that an individual may be able to recover in a successful personal injury claim.

How Long Does It Take To Resolve A Personal Injury Case In Florida?

There is no definitive amount of time that it will take to resolve a personal injury case, as each case will have a unique set of circumstances and factors to consider. However, cases involving severe injuries tend to last longer. In addition, the defendant’s insurance company will have an effect on the length of the case, since some companies allow for early discussions of settlement and others will draw out the process.

For more information on Hiring A Personal Injury Attorney In Florida, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (877) 315-5107 today.

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