When a person is injured as a result of another party’s negligence, the injured party may wish to file a personal injury lawsuit. This is a civil action that exists to hold a negligent party responsible for any injuries they caused as a result of their neglect. People sometimes wait to bring a lawsuit against the negligent party for a long period of time after an accident. This may be because of a fear that they cannot afford certain legal fees that are associated with the lawsuit or they do not wish to cause any further trouble. This is usually seen if the claim was to be filed against a relative or friend.
Often times, people do not realize that personal injury attorneys are paid on a contingency basis. This means the attorney only gets paid if they recover an award for the party of the injured. In addition to this, their payment is generally taken out of the award that is recovered.
Florida’s Statute of Limitations
If an individual is harmed in a personal injury accident and wishes to pursue a lawsuit, it is important that they do not wait too long to do so. This is because there is a statute of limitations on the lawsuit. A statute of limitations is a deadline that an individual is required to meet to file a lawsuit against another party. In the state of Florida, injured individuals have a four-year statute of limitations from the date of their injury to file a lawsuit for a personal injury case.
If the injured party fails to file a lawsuit within this period of time, the state of Florida will not allow them to bring a lawsuit against the negligent party.
Notice of Claim Requirements
It is important to note that there is a different process in place if an individual is injured due to the negligence of a municipality. In the event of this, the individual may be required to file a Notice of Claim. This notifies the municipality that the injured party plans to bring a lawsuit against them. In the state of Florida, individuals have three years from the date of the injury to file a Notice of Claim in writing. A lawsuit cannot be filed until a 180-day investigation period ends unless the claim is denied.
Contact Our Firm
If you or someone you know was involved in a personal injury accident and wishes to speak with a skilled attorney, contact Cressman Law Firm today.
Cressman Law Firm, P.A. is committed to collecting compensation for medical malpractice and other personal injury victims in Winter Garden and the surrounding areas. If you have suffered an injury at the hands of a healthcare professional, we are here to ensure you get the compensation you deserve. Contact our firm today at (407) 573-7406 to schedule a free consultation.