Personal injury claims are governed by strict statutes of limitations. If the applicable deadline passes, you may be forever barred from bringing a claim, so it is important to speak with an attorney about your claim right away.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the outside deadline for filing a lawsuit. Once that window closes, the courthouse door generally closes with it. The strength of your case, the seriousness of your injuries, and how clearly the other party was at fault do not change that result.
Deadlines Are Not One Size Fits All
There is no single deadline that applies to every injury claim. The applicable period depends on the type of claim, who the defendant is, and the specific facts of your case. A few examples of how the analysis can shift:
- The type of claim matters. Negligence, wrongful death, and medical malpractice claims are each treated differently under the law.
- Who you are suing matters. Claims involving a government entity typically carry separate pre-suit notice requirements with their own, much earlier deadlines.
- When the clock starts matters. Depending on the claim, the period may run from the date of the incident, the date of death, or the date an injury was discovered or should have been discovered.
- The injured person matters. Special rules can apply when the injured person is a minor or is otherwise unable to bring a claim on their own behalf.
Because these rules interact, the only reliable way to know your deadline is to have an attorney review the specific facts of your case.
Why You Shouldn't Wait
Even when a deadline is still months away, waiting is one of the worst things you can do for your case. Here's why:
- Evidence disappears. Surveillance footage is overwritten. Witnesses move away or forget details. Vehicle damage is repaired.
- Medical records matter. The longer the gap between your accident and treatment, the easier it is for insurance companies to argue your injuries aren't related.
- Insurance companies exploit delay. They know that the longer you wait, the weaker your case becomes.
- Your health matters. Early legal representation means you can focus on recovery while your attorney handles the legal fight.
What Happens If You Miss the Deadline?
If you file after the statute of limitations has expired, the court will almost certainly dismiss your case. The defendant's attorney will file a motion to dismiss, and the judge will grant it. There are very few exceptions to this rule.
This is why consulting with an attorney early is so important. An experienced personal injury lawyer will ensure all deadlines are met and your claim is filed properly.
The Bottom Line
Don't let the clock run out on your right to compensation. If you've been injured in Orlando or anywhere in Central Florida, contact us for a free case review. We'll evaluate your claim and make sure your rights are protected.