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Navigating Personal Injury Statutes of Limitations Following a Florida Car Accident

Sometimes, no matter how careful we are in life, the unexpected happens. When the unexpected results in irreparable or significant injury because of the negligence or recklessness of another party, those who are impacted may have grounds to pursue a personal injury lawsuit for financial compensation.

Navigating the process of filing such a suit and its rules and requirements, however, can often be a daunting task. It is crucial that potential plaintiffs retain an experienced personal injury attorney to garner a general lay of the legal landscape so that they may recover the compensation they deserve.

According to a news report, the parents of a toddler who was injured from a foul ball at a baseball game reached a settlement recently. The baseball game, which took place in 2019, left the toddler with a skull fracture. During the fourth inning of the game, the toddler was struck by a ball, which left her with a permanent brain injury and seizures. The baseball stadium’s netting did not reach where the toddler and her family were sitting, which would have likely prevented the accident. The toddler’s parents filed a petition that claimed that “acts and omissions constituting negligence” from the baseball team caused their daughter’s injuries.

Florida, like many all states across the country, has a set limit on the amount of time that may lapse before you file a personal injury lawsuit. Florida’s general statute of limitations for personal injury cases is four years from the date of the accident. Thus, if you are considering filing a personal injury claim, it is crucial that you file sooner rather than later. If you file your lawsuit too late, a court is unlikely to hear your claim.

Sometimes, potential plaintiffs choose to wait a little bit before filing a personal injury claim. For example, the parents of the toddler who was injured from the baseball game chose to file their claim two years after the initial injury took place so that they could fully evaluate the extent of their child’s injuries. Because it took some time for a fully developed understanding of the injury to occur, it made sense for the parents to file their claim only once they had a full picture of the facts and harm while remaining within the statute of limitations.

Other times, however, the true extent or magnitude of an injury may take time to fully develop and manifest and can happen after the statute of limitations has expired. For some potential plaintiffs, a significant amount of time elapses before they even “discover” that they have actually suffered harm and it may be too late to file a claim. In these instances, Florida law allows for potential plaintiffs to have a chance at an extension within the statute of limitations. However, it is better to be safe than sorry, and there is no harm in reaching out to an experienced attorney immediately after an accident. In fact, that is the safest way to proceed, as your attorney can always amend your claims if you later discover your injuries were worse than you thought.

Do You Need a Florida Personal Injury Lawyer?

If you or someone you know was recently injured in a Florida personal injury accident, contact the attorneys at Friedman Rodman Frank & Estrada for assistance. Our lawyers fight for the injured and will provide you with the support you need to pursue your legal claim with confidence. To schedule a free consultation, contact us at 877-448-8585.

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