How Soon After I Am Injured Do I Have to File a Personal Injury Lawsuit?

According to data from the CDC, 39.5 million people visit a doctor or their local ER every year after being injured. In 2020, 58,500 people died because of unintentional injuries, which makes personal injuries the most common cause of death. 

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If you have suffered an injury such as in a car accident or due to medical malpractice, you may be eligible to file a personal injury lawsuit seeking compensation. However, there is a limited period within which you are legally allowed to file the claim. But how soon after the incident or discovery of injury do you need to file the lawsuit? Could waiting too long result in losing your chance to pursue the case? 

Understanding the timeframe and implications is vital as you evaluate your legal options after an injury. 

Statute of Limitations

The statute of limitations refers to the timeframe within which you are legally allowed to file a lawsuit seeking compensation for your injuries. Each state has its own statutes of limitations, but generally for personal injury claims it ranges between 1 to 6 years from the date of the incident. 

In Florida, for example, the statute of limitations for personal injury claims is two years, which is much shorter than in Texas and California. The statute of limitations for medical malpractice claims is usually four years from the date of the injury. This is something a personal injury attorney can advise you on when you discuss your claim. 

The personal injury lawyers at Perenich, Caulfield, Avril & Noyes, P.A., a law firm located in Clearwater, FL, address that “if you fail to file the lawsuit within this statutory period, you could be barred from seeking any compensation whatsoever. So, it’s crucial to act promptly and file the injury claim on time”.

Factors Affecting the Time Limit

Though the statutory limit serves as an important benchmark, several factors come into play that affect your specific case limit:

• Type of injury: Time limits vary depending on whether it’s a car accident, medical malpractice, workplace injury, etc. Complex cases usually have longer limits.

• State law: Time limits for filing injury claims differ widely across states. Some states stop the clock during the analysis of evidence.

• Age of injured: Minors often get the benefit of an extended period for filing claims. The clock starts when they reach adulthood. In Florida, minors can have the statute of limitations tolled for up to seven years. However, their right to file a claim could still be limited and birth injury claims must be filed before the child’s 8th birthday. 

• Discovery of harm: The timeline in some cases only begins from when the harm/impact of injury is discovered. This is common in medical malpractice cases.

Best Practices

To make sure your rights are protected, following these practices is wise:

• Document thoroughly: Keep detailed records of injury, losses, expenses, evidence, etc. It’ll help prove your claim.

• Seek counsel promptly: Consult with an attorney as soon as feasible after the incident. They can properly evaluate your case and preserve evidence. 

• Send intent notice: Before the statute expires, send a notice indicating your intent to file a claim to the defendant. It keeps your options open.

• Research well: Study the regulations and exceptions under your state laws in detail. Use an attorney’s expertise.

While the statute of limitations sets a cutoff period to file claims, exceptions may be allowed in rare scenarios where you couldn’t reasonably have done so earlier. Overall though, adhering to the statutory timeframe helps ensure optimal legal recourse. Consult with a personal injury lawyer to understand your rights.