The statute of limitations in Florida only provides you two years from the date of your injury to file a personal injury lawsuit in Fort Myers. However, it is possible to extend the deadline in your case under specific circumstances.
A Fort Myers personal injury lawyer can help you determine exactly how long you have to file a personal injury lawsuit. They’ll file your claim before the statutory deadline and hold the negligent party accountable in court if that’s what it takes to recover fair compensation for damages.
What Is The Statute Of Limitations For Personal Injury Lawsuits In Fort Myers?
The statute of limitations is a deadline restricting how long you have to file a lawsuit in a personal injury or wrongful death case. This deadline varies by state, ranging from one to five years.
What Is The Deadline To File A Personal Injury Lawsuit In Fort Myers?
You only have two years to file a personal injury or wrongful death lawsuit in Fort Myers, according to Florida Statutes § 95.11. This time can fly by quickly. Personal injury cases can be complex and take time to resolve—especially if both parties cannot settle a claim.
However, taking your case to trial could become necessary to recover compensation. You must file a lawsuit before the deadline in your case expires.
What Happens If The Deadline Expires?
You could lose the right to file a personal injury lawsuit if the statute of limitations expires in your case. The court could dismiss your case if you file a lawsuit after the deadline, depriving you of the option of recovering compensation through the legal process.
Can You Obtain An Extension Of The Deadline To File A Lawsuit In Fort Myers?
It is possible to get an extension of the statute of limitations in your case under rare circumstances, per Florida Statutes § 95.051. These circumstances include:
- The victim is a minor: If your child suffered an injury and is younger than 18, the clock will not start on the statute of limitations until they turn 18.
- The other party is out of state: The timer pauses if the other party leaves the state or is in hiding and resumes after they return or are found.
- Mental or physical incapacity: The statute of limitations won’t start if your loved one is in a coma or was hospitalized for a lengthy period to recover from injuries
- Fraud: Suppose the other party hid information about your case. This is fraudulent concealment and could allow you to obtain an extension.
- Discovery rule: If you did not discover your injury until a later time (e.g., cancer following prolonged exposure to pesticides), the statute of limitations may start upon discovery instead of the date of the accident.
What Can A Personal Injury Lawyer Do To Help You File A Lawsuit In Fort Myers?
A personal injury lawyer can help you meet the statute of limitations in your case. You should consult an attorney as soon as possible after an accident so your lawyer can immediately begin collecting evidence before it disappears and obtain statements from witnesses before their memory of the accident fades.
Our Fort Myers personal injury lawyers have fought for victims and protected their rights since 2005. We will work to meet the statute of limitations in your case so you can have your day in court. If you choose us to represent you, we will provide responsive legal help to serve your needs, including:
- Coming to your location if your injuries prevent you from traveling.
- Helping you access medical care.
- Scheduling case-related appointments for you.
- Providing your lawyer’s cell phone number.
- Frequent case updates.
- Help with repairing or replacing your vehicle.
- 24/7 availability to respond to questions and concerns.
- Accounting for all your damages to maximize your settlement.
- Handling all communication with the insurance company.
- Preparing your case for trial.
- Representing you in court.
You do not have to carry the burden of your legal case because we will do it for you.
What Types Of Damages Can You Claim In A Fort Myers Personal Injury Case?
If the negligent party and their insurance company won’t offer a fair settlement, you could file a personal injury lawsuit to recover these damages.
Economic
Damages with calculable monetary value include:
- Medical bills
- Lost income
- Transportation
- Physical therapy
- Child care
- Household services (e.g., lawn care or cleaning)
- Home modifications (e.g., stair lifts, shower seats, and ramps)
- Property repair and replacement costs
There are no caps on economic damages in Florida.
Noneconomic
Also known as non-financial damages, these include:
- Emotional trauma
- Loss of enjoyment of life
- Disfigurement
- Mental anguish
- Lost companionship
- Disabilities
- Pain and suffering
There are no caps on noneconomic damages in Florida.
Wrongful Death
If you lost someone you love because of a personal injury, you can recover wrongful death damages, including:
- Lost income
- Mental pain and suffering
- Medical bills
- Funeral and burial expenses
A Fort Myers wrongful death lawyer can handle your case, allowing you to take time to grieve while your attorney fights to protect your family’s future.
Learn More About Filing A Personal Injury Lawsuit On Time In Fort Myers
A personal injury lawyer from the Law Offices of Anidjar & Levine can help you determine how long you have to file a personal injury lawsuit in Fort Myers. They’ll meet the filing deadline so you can recover the compensation you deserve.
Don’t wait too long to get justice. Florida law only provides two years to file a personal injury or wrongful death lawsuit unless your case qualifies for an extension. To learn more about how long you have to file a personal injury lawsuit in Fort Myers, please don’t hesitate to contact us today for your free consultation.
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