The statute of limitations is the maximum time allowed after an event for legal proceedings to be initiated. For personal injury cases in Florida, the statute of limitations is four years, and a Clearwater personal injury attorney is well-equipped to handle your case within the statute of limitations. In the case of an injury that has been sustained by a minor, the statute of limitations is also four years.
Statute of Limitations Calculation
The statute of limitations begins on the date of the incident, or the date an individual is injured. When a person is injured in a car accident, the statute of limitations begins on the date of the car accident. An individual has four years from that date to file a lawsuit. That does not include when the individual files a claim or a demand in the pre-suit process. That is something that must be done within those four years. If an individual has not filed a lawsuit by four years after the date of their injury, they lose their right to file for that injury.
If the injured person is a minor, the statute of limitations calculation is still determined by the date of the injury. The date the minor is injured is when the statute of limitations begins to run and is valid through four years from that day.
Does The Statue of Limitation Apply to When The Case is Resolved?
A case does not have to be resolved in the statute of limitations, the claimant must file the lawsuit within the statute of limitations. As long as an individual files their lawsuit within the allotted four years, they are fine. The case does not necessarily have to be resolved within those four years, as long as the lawsuit has been filed.
There are some cases with catastrophic injuries or treatment that delays the case for five or more years, but as long as the lawsuit was initiated within the statute of limitations, the case can proceed. The official court proceedings must begin within four years of the accident. However, the case does not have to end within four years of the accident.
Ensuring the Claim of a Minor
In order to ensure to that an adjuster does not ruin a minor’s opportunity to settle a case, guardians should hire a lawyer when the injury happens. The lawyer can make sure everything is properly documented and the adjusters are not doing anything incorrectly. A lawyer can make sure that the child’s interests are at the forefront of the case and can advocate for the minor, although they are not of age to represent themselves.
There are professionals on the other side of every injury case. If a family does not have a lawyer representing their child, there is a good chance the professionals representing the other side will take advantage of the situation.
Benefits of Contacting a Lawyer
When someone is injured and does not contact a lawyer, they can be taken advantage of because they do not know the systems and procedures in place. The insurance company, some other private party, or a lawyer knows the ins and outs of the situation and the procedures. You are at a major disadvantage if you do not have a lawyer advocating for you when you are injured in Clearwater. Do not let your injury disadvantage you more than it already has, contact an injury lawyer today to begin holding the responsible party accountable for their harmful actions.