IN ORDER TO SUCCESSFULLY FILE AN INSURANCE CLAIM, IT IS IMPERATIVE THAT EVERY INDIVIDUAL IS FAMILIAR WITH THE FLORIDA STATUTE OF LIMITATIONS. THIS STATUTE IS A CODIFIED PIECE OF LEGISLATION THAT GOVERNS THE LAW RELATING TO PERSONAL INJURY CLAIMS IN FLORIDA.
The statute of limitations is the codified rules of how many times an individual can file a case in a civil court, in what time frame and a variety of other aspects. The judge takes these limitations into perspective when reaching a verdict and these limitations are also cited to the jury as well.
PERSONAL INJURY LIMITATIONS IN THE FLORIDA STATUTE OF LIMITATIONS
The statute of limitations of Florida has cited the deadline everyone has before they can file a lawsuit in a civil court. If they miss this deadline, the court will not accept the case and then the only option might be to settle the dispute outside of court using private medians such as arbitrators, but even this might not be possible after the deadline.
Under the Statute of Limitations, every individual has exactly four years to dispute a personal injury claim in a civil court. These four years starts from the date of the accident and if you miss the deadline, the court will refuse to hear the case. However, in certain mitigating circumstances, the courts have the inherent authority of extending this deadline due to the facts of the case. For personal injury claims against the government, you can file the case within three years of the injury. So make sure you are adhering to this deadline if you would like to protest a case in a civil court.
PERSONAL INJURY LIMITATIONS UNDER NEGLIGENCE IN THE FLORIDA STATUE OF LIMITATIONS
The statute of limitations also encompasses the negligence aspect of personal injury claims. In some cases, the opposing party can claim that you were at fault for the personal injuries that you have suffered. They could claim that you were entirely at fault or partly due to your negligent behavior and that their liability should be negated.
In such cases, the Florida Statute of Limitations states that the amount of damages that you are entitled to will be reduced by the amount of fault you incurred. This means that the court decides the percentage of fault by taking into consideration the facts of the case.
PERSONAL INJURY LIMITATIONS RELATING CAR INSURANCE LAWS
Finally, the last aspect regarding personal injury claims that is cited in the Florida statute of limitations is that you cannot hold an individual liable unless the threshold of serious injury has been met. This threshold is mentioned as follows:
- Permanent injury
- Significant injury