When someone is injured as a result of another party’s negligence, the injured party sometimes considers filing a personal injury lawsuit. A personal injury case is a civil action that works to hold a negligent party responsible for any injuries they caused due to their neglect. People sometimes hesitate to bring a lawsuit against a negligent party for a long period of time after an accident. This may be due to a fear that they cannot afford certain legal fees that come with the lawsuit or they do not wish to cause any further trouble. This is usually the case if the claim was being filed against a relative or friend.
Many times people do not realize that personal injury attorneys are paid on a contingency basis. This means the attorney only gets paid if they recover an award for the party of the injured. In addition to this, their payment is typically taken out of the award that is recovered.
Florida’s Statute of Limitations
It is important to know that if an individual is involved in a personal injury accident and wants to pursue a lawsuit, they should not wait too long. This is because there is a statute of limitations on the lawsuit. The statute of limitations is a deadline that an individual has to meet in order to file a lawsuit against another party. In the state of Florida, injured individuals have a four-year statute of limitations from the date of their accident to go to court and file a lawsuit for a personal injury case.
If the injured party fails to file a lawsuit within the four-year time limit, the state of Florida may not allow them to bring a lawsuit against the negligent party.
Notice of Claim Requirements
If individuals are injured due to the negligence of a municipality, there may be a different process in pursuing a lawsuit. In the event of this, the individual may be required to file a Notice of Claim. This gives notice to a municipality informing them that the individual plans to bring a lawsuit against them. In Florida, individuals have three years from the date of the incident to file a claim in writing. A lawsuit cannot be filed until the 180-day investigation period ends unless the claim is denied.
Contact our Firm
If you or someone you know was involved in a personal injury accident and wishes to speak with a skilled attorney, contact Florida Personal Injury Law Team today.