What Is the Statute of Limitations for Personal Injury Cases in Miami?

The statute of limitations for personal injury cases, in Florida, can vary as there are numerous exceptions to these laws. However, if you are worried about losing your right to sue, you should consult a lawyer as soon as possible. In general, personal injury lawsuits must be filed within four years after an accident. For example, if were injured on January 1, 2020, you must submit a Florida personal injury claim by January 1, 2024.

The majority of legal actions in the United States are placed under the statute of limitations.

The statute of limitations is a set of federal and state laws that establish the maximum extent of time after an event in which legal actions based on that event can be initiated. After that period, the injured individual loses the right to seek monetary damages.

The fact is that most personal injury cases in Miami are settled out of court. Involved parties, plaintiffs and defendants, their lawyers, and their insurance companies usually negotiate the amount of compensation in pre-trial phases.

In case they do not reach a settlement, a lawsuit has to be filed. Florida imposes several time limits after an incident, for the parties to bring their cases to court, depending on the nature of the case, such as:

  • up to two years
  • up to four years
  • up to five years

In cases involving medical malpractice, a lawsuit has to be filed within two years after the injury occurred. In case the victim is not aware of the injury once it occurred, the legal actions must be initiated within two years after the discovery of the injury.

Personal injury lawsuits must be filed within four years after the accident, no matter if the injury was the result of a car accident or was caused by a defective product. If you have a case against an uninsured motorist, then the statute of limitations might be extended to five years. However, in case the wrongdoer is a government entity, such as a city, for example, claims must be filed within six months.

The only cases that are not under the statute of limitations in Miami are those involving murder, as this crime is considered too severe to be limited in time. Of course, surviving family members should still consult a lawyer as soon as possible, because, between wrongful death and murder allegation, there are several differences.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.