The statute of limitations for personal injury cases in Naples, FL, is two years from the date you sustained your injury. Failing to meet the deadline could result in losing your right to recover compensation through the legal process. We strongly urge you to consult with an attorney as soon as possible.
A Naples personal injury lawyercan help you meet the statute of limitations and determine if any applicable exceptions extend the deadline so you can file a lawsuit and have your day in court.
What Is A Statute Of Limitations?
The statute of limitations is the time limit set by the state to file a personal injury or wrongful death lawsuit in your case if you want to take the negligent party to court to recover compensation for damages.
How Long Do You Have To File A Personal Injury Lawsuit In Naples, FL?
You only have two years to file a personal injury lawsuit in Naples, per Florida Statutes § 95.11. You also only have two years to file a wrongful death lawsuit if you lost someone you love because of a negligence-based accident.
What Happens If You Don’t File A Lawsuit Before The Statute Of Limitations Expires?
You could lose your right to file a personal injury lawsuit if you wait to file until after the deadline expires. The court could dismiss your case, and you would be unable to recover compensation through the legal process.
Can You Get An Extension Of The Statute Of Limitations For A Personal Injury Case?
Yes, per Florida Statutes § 95.051, it’s possible to obtain an extension of the statutory deadline in your case for these reasons:
- Out-of-state: If the negligent party left the state before you could file a lawsuit, the court could pause the statute of limitations.
- Incapacitation: If you were physically or mentally incapacitated because of your injuries, you could obtain an extension of the statute of limitations. The extension could be up to seven years if you were in a coma or hospitalized for a lengthy period.
- Minor: The statute of limitations will not go into effect until you turn 18 if you were under 18 when you suffered the injury.
In addition, if your personal injury case involves medical malpractice, Florida Statutes § 95.11(5)(c) provides two more exceptions:
- Discovery rule: The clock doesn’t start running until you discover your injury. For example, if you become sick from a misdiagnosis two years after receiving treatment, the clock starts when a doctor diagnoses your illness.
- Fraud: You could receive two more years to file suit if you cannot discover your injury because of “fraud, concealment, or intentional misrepresentation of fact.”
Obtaining an extension is rare, but a Naples personal injury lawyer can fight to get one for you by presenting an argument and evidence to the court.
How Can A Lawyer Help You Meet The Statute Of Limitations In Naples?
A Naples personal injury attorney can help you meet the deadline to file a lawsuit in your personal injury case by:
- Investigating the accident to identify liable parties
- Gathering evidence that supports your claim
- Negotiating with the insurance company to reach a fair settlement
If the negligent party and their insurer won’t offer you a fair settlement, your lawyer will file a lawsuit and present your case to a jury.
You should seek a law firm that offers responsive legal help that serves your needs, allowing you to regain control of your life without the burden of a legal case on your shoulders. Our team will carry the load so you can focus on healing. If you choose us to represent you, we will:
- Help you access top-notch medical care.
- Schedule appointments for you.
- Accommodate your travel restrictions with home or hospital visits.
- Be available 24/7 to answer your questions.
- Provide your lawyer’s cell phone number.
- Assist you with transportation arrangements.
- Help you fix or replace your vehicle.
- Work on contingency so you pay no attorney fees unless we win.
- Work to meet the statute of limitations in your case so you can take the negligent party to court.
What Types Of Damages Can You Recover In A Personal Injury Case In Naples?
A personal injury lawyer can help you claim the following damages to maximize your settlement in Naples:
- Economic damages: Medical bills, lost income, rehabilitation services, transportation, property repair or replacement, household services, home modifications, and child care.
- Non-economic damages: Emotional distress, pain and suffering, physical and intellectual disabilities, lost companionship, loss of enjoyment of life, mental anguish, and disfigurement.
- Wrongful death damages: A Naples wrongful death lawyer can help you claim compensation for funeral expenses, medical bills, loss of companionship and emotional support, and lost income.
A jury might also award punitive damages, but these damages have a statutory cap of $500,000 or three times the compensatory damages, whichever is higher. There are no caps on economic or non-economic damages in Florida.
Learn More About The Statute Of Limitations For Personal Injury Case In Naples Today
You must file a personal injury lawsuit before the statute of limitations expires in your case. You only have two years to file a lawsuit and risk losing your ability to recover compensation through the legal process if the deadline expires. A Naples personal injury lawyer from the Law Offices of Anidjar & Levine can help you meet the statute of limitations.
We urge you to consult a lawyer as soon as possible. The sooner we take your case, the sooner we can gather evidence and prepare your case for trial if that’s what it takes to recover the compensation you deserve. To learn more about the statute of limitations for personal injury cases in Naples, please contact us today for a free consultation.
