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What Are The Statute Of Limitations For Injury Cases?


Accident victims who are injured because of the negligence, recklessness, or intentional acts of another are entitled to file a claim for damages for their injuries. However, they only have a certain period of time, known as the statute of limitations, in which to file a case. The statute of limitations can vary based on the type of injury case, but the dedicated Delray Beach personal injury attorneys at Earnhart Law are here to help you navigate the complexities of an injury claim. To learn more, call or contact our office to schedule a free consultation.

Personal Injury Claims

Personal injury is an umbrella term that refers to any accident that causes actual, physical harm caused by negligent, reckless, or intentional acts of another entity on public or private property that is not a work-related accident or one that results in a person’s death. Common examples of personal injury accidents include slip and falls, trip and falls, car accidents, truck accidents, motorcycle accidents, dog bite attacks, premises liability accidents, boat accidents, and more.

The statute of limitations to file a personal injury claim in Florida is four years from the date of the accident. Filing a claim after the statute of limitations has run can result in the court throwing out the case and barring the victim from collecting compensation.

Workers’ Compensation Claims

A workers’ compensation claim refers to an accident that happens to a person while on the job and in the course of their employment. The purpose of workers’ compensation is to provide coverage for a workplace injury without a determination of fault in exchange for the worker giving up their right to sue their employer for damages. However, the statute of limitations to file a claim for a workers’ compensation injury is only two years from the date of the accident in Florida. In addition, employees must follow other procedural timing rules, such as informing their employer of the injury within a certain time period in order to protect their case.

Wrongful Death Claims

Wrongful death cases are personal injury accidents that result in the death of the injury victim. Cases are brought by the victim’s loved ones on their behalf. Unlike personal injury cases, the family of a wrongful death victim only has two years from the date of death to file a claim for damages. However, it is important to note that the statute of limitations for this type of case is from the date of death, and not the date of the accident. If the victim initially survives an accident but later dies of their injuries, the statute of limitations does not start to toll until that date.

Talk to Our Office Now

Do you have questions about the timing for filing a claim for personal injury, workers’ compensation, or the wrongful death of a loved one? If so, the experienced and knowledgeable attorneys at Earnhart Law are here to help. Call the office or contact us today to schedule a free consultation of your case now.


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