How Long Do I Have To Hire An Attorney?

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How Long Do I Have To Hire An Attorney?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In Florida, an action for recovery of damages for injuries based on a cause of action for negligence must be brought within four years from the date of accrual of the cause of action. The statute is tolled for minority or previously adjudicated incapacity, but in all cases the action must be commenced within seven years after the date of the incident.

Actions based on medical malpractice must be commenced within two years from the date of the incident or from the date when the incident was or should have been discovered, but never more than four years from the date of incident unless the claimant is a minor. The statute of limitations for wrongful death is two years from the date of death. However, where medical malpractice is the cause of death, the malpractice statute applies.

Other Florida Personal Injury FAQs

Q: I Was Injured. Can I File A Lawsuit Against The Party That Caused My Injury?
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Q: Who Is Responsible When A Person Is Injured?
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Q: How Do I Decide If I Need To Hire An Attorney?
A: There are situations where an attorney is unnecessary, such as very small cases. Small claims court in Florida will handle claims up to $5000. If your injury is a … More
Q: How Much Will An Attorney Cost?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: How Will My Claim Be Processed?
A: You should be sure not to sign any documents without prior review by an attorney. You need to attend all scheduled doctor appointments in order to document your … More
Q: What Damages Can I Recover?
A: You can recover your actual economic losses such as the costs of reasonable and necessary medical care, property damage, car rental expenses, costs of domestic … More
Q: How Can I Determine How Much My Claim Is Worth?
A: For purposes of settlement, a claim is valued upon an estimate of what a jury would likely believe the case to be worth, taking into account the severity of the … More