As a Miami injury lawyer, it’s crucial to stay updated with the latest changes in the legal landscape. One of the most significant recent amendments is the modification to Florida’s statute of limitations for personal injury cases.
What’s Changed?
In March 2023, Florida passed House Bill 837, which brought major changes to the state’s tort laws. Among these, the alteration of the statute of limitations for personal injury claims stands out. Previously, victims had four years from the date of their injury to file a lawsuit against any other party believed to be responsible for the incident. However, this statute has been reduced to two years.
Why This Change Matters
This change significantly impacts how soon a person, who believes they have been harmed due to the negligent actions of another individual, entity, or company, must file their lawsuit in civil court. If they do not file a lawsuit within this specific time frame, they will almost certainly see the case dismissed and fail to recover any compensation at all. If you’ve been in an accident in South Florida, you should speak with a Miami injury lawyer sooner rather than later, given this change for 2024.
The New Normal
While this change might seem drastic to Floridians, the rest of the country largely has its personal injury statute of limitations set at two years. Some states even have a one-year statute of limitations. This change brings Florida more in line with national averages.
Exceptions to the Rule
This shorter personal injury statute of limitations change will only apply to negligence claims that accrue after March 24, 2023, which is the effective date of the new law. There are other exceptions to the personal injury statute of limitations in Florida. Under the following circumstances, the current two-year statute of limitations will likely be modified:
1. If a person has been deemed “incapacitated” under the law at the time the incident occurred
2. If the person who allegedly caused the injury left Florida at some point after the incident occurred but before a lawsuit could be filed
3. If the defendant worked to conceal themselves inside the state of Florida, change their identity or name, or in any other way tried to prevent the process of a lawsuit and summons from being served
Potential Drawbacks For Floridians
While the change in the statute of limitations aligns Florida with most of the country, it’s essential to consider its potential negative impacts.
Limited Time For Discovery And Investigation
The shorter statute of limitations means that victims have less time to determine the full extent of their injuries/damages, collect evidence and investigate the conduct of the negligent party. This could mean that some injured individuals may be unable to file a lawsuit within this new time frame, impeding their pursuit of justice and compensation.
Restricted Opportunity To Secure Legal Representation
The new law could disproportionately affect those who are less fortunate, as they may not have access to legal representation and knowledge of their rights[^13^]. This could prevent them from filing a claim within the allotted time frame and consequently, deny them any financial compensation.
Why Consulting a Miami Injury Lawyer is Crucial
It’s more important than ever to consult a Miami injury lawyer as soon as possible after the incident. Here’s why:
Preservation Of Evidence
Acting promptly allows for the preservation of critical evidence related to your personal injury case. By consulting a personal injury lawyer early on, they can guide you on how to gather and preserve crucial evidence that may be necessary for your case.
Evaluation Of Legal Options
Personal injury lawyers have the expertise to evaluate the merits of your case and determine the legal options available under the recent changes. Consulting a lawyer promptly allows for a thorough assessment of your case and an understanding of the legal remedies available to pursue compensation.
Conclusion
The new statute of limitations in Florida has changed the landscape of personal injury claimants seeking justice and compensation. It’s more important than ever to consult a Miami injury lawyer immediately after an incident. They can provide guidance, protect your rights, and help you navigate the complexities of the revised law.
If you or a loved one has been injured due to the negligence of another party, don’t hesitate to reach out to a Miami injury lawyer for immediate assistance. With the changes in Florida’s tort laws, you need to speak to an attorney about the next steps moving forward for your particular situation. Your Miami injury lawyer may be able to help you recover compensation for your medical bills, lost wages, pain and suffering damages, property damage expenses, and more. This is not a time to stand alone – seek legal help today.
