Understanding the Florida statute of limitations in personal injury cases is key to litigating an accident claim under the state’s law — but there’s more to litigating a claim in Florida than basics like the statute of limitations. Personal injury cases can arise from someone else’s negligence, medical malpractice, or wrongful death cases.
Strategically navigating the dispute (and taking advantage of every opportunity available) is fundamental to skilled legal representation. Experienced personal injury attorneys identify solutions and opportunities in every phase of litigation. Every push-and-pull between plaintiff-and-defendant is a possibility.
That being said, if you’re an attorney looking for a quick guide on the Florida statute of limitations in personal injury cases, read on to learn more! We’ll cover some foundational legal and strategic aspects that could impact litigation as you move forward.
How long is the statute of limitations in Florida for personal injury?
The standard Florida statute of limitations for personal injury claims (i.e., suing to recover compensation in a personal injury case) is two years from the date of injury. It’s worth noting, however, that if you are suing a public defendant on the client’s behalf, there are additional procedural requirements that give you just six months to handle your personal injury claim submission.
For personal injury victims, working with an experienced personal injury attorney is crucial for avoiding procedural violations.
If the claim is not filed before the relevant deadline passes, then courts will automatically dismiss it, having deemed it abandoned or relinquished, and therefore ineligible to litigate for compensation under the law.
Given the severe consequences of a procedural violation in this regard, navigating the claims process in a timely manner is critically important. In fact, as an attorney, it is one of the legal duties owed to your client — failure to handle their claims in a timely manner could subject you to liability pursuant to a legal malpractice claim, so do not treat a client’s claim timelines flippantly. Make sure to give them the respect they deserve.
When marketing the “need for an attorney” to a client who may be suspicious about why they should work with an attorney, it’s worth explaining to them that — even with something as straightforward as a claims deadline — there are unique challenges that might not be obvious to those who have not received legal training. Addressing claims arising from someone else’s negligence promptly is crucial to avoid losing the right to compensation due to the statute of limitations.
For example, if you are suing multiple defendants in the dispute, then each of those personal injury claims might be subject to different deadlines — especially if special defendants are involved (i.e., public agencies). Further, over the course of litigation, new evidence might lead to additional claims, each of which is also subject to its own statute of limitations deadline.
What is the discovery rule in Florida personal injury?
The “delayed discovery rule” is a significant exception to the personal injury statute of limitations in Florida.
Put simply, it suspends the countdown on the statute of limitations deadline period for personal injury lawsuits until the plaintiff has discovered (or reasonably should have known about) their injury. Thus, a plaintiff who is afflicted with a nonobvious or hidden condition may have extra time to bring their injury claim.
For example, suppose that a potential client approaches you about bringing a personal injury claim, but it has been three years since they were involved in a car accident. They tell you that they’re experiencing serious back injury problems and that they’re unable to continue working in construction.
You initially aren’t sure about taking on their case, because the statute of limitations has already passed — but you let them tell you more about their case. It turns out that they didn’t experience any back injury symptoms until two or three years after the accident occurred. Doctors later discovered that the accident sparked spinal degeneration, which has led to the back dysfunction.
Given the delayed discovery aspect, you could reasonably take on the client’s personal injury claim and sue for damages.
Other exceptions to the Florida personal injury statute of limitations
Other exceptions to the Florida personal injury include:
- Legally disabled client (includes temporary disabilities, in limited circumstances)
- Absent defendant (suspended countdown until the defendant is identified and found)
- Military service during the applicable statute of limitations period
- Legal malpractice issues (i.e., the claim was questionably and unethically handled by the previous personal injury law firm)
- And more.
What is the Florida injury threshold statute?
Section 627.737 of the Florida Statutes describes the “injury threshold” rule, which completely prevents the injury victim from claiming non-economic damages (i.e., pain and suffering damages) as part of their total financial compensation package unless they can show that the accident caused a serious enough injury that it meets the state threshold for said damages.
According to Florida’s statute, the personal injury victim must have sustained:
- Significant and permanent loss of an important bodily function;
- Permanent injury within a reasonable degree of medical probability;
- Significant and permanent scarring or disfigurement; or
- Death.
Though Florida’s statute may seem like it imposes tight restrictions, arguing that a client has experienced a significant loss or permanent injury may be a lot less burdensome than it initially appears, as even a “minor” functional loss could qualify, so long as the loss is permanent in nature. Working around Florida’s statute is entirely possible.
For example, a skilled attorney could introduce expert medical testimony indicating that an injured client’s back flexibility will never return to normal — even if it returns to a “reasonably functional” level — thus giving them the right to sue for non-economic damages under Florida law.
How long should it take to settle personal injury claims in Florida?
Every case is different, but a number of factors can influence the length of time required for a settlement compromise.
These include, but are not limited to: the hostility of the defendant, whether the injury victim is sympathetic, whether the defendant is sympathetic, whether the expert witnesses are perceived as honest and authoritative, whether the defendant has extraordinary financial resources to throw at litigation, and whether the publicity aspect would have a negative impact on the defendant.
What strategic considerations should a Florida personal injury attorney keep in mind?
As a plaintiffs’ injury litigator, you can leverage adjacent elements of the dispute to pressure the defendant into an early and favorable settlement.
For example, suppose that the defendant operates a local trucking and delivery company, and it was their employee who collided with and injured your client. The trucking company-defendant is obviously concerned that the reputation and brand damage of the dispute (i.e., safety-related aspects tied to their truck drivers) could collapse their business. You could pressure them with the possibility of media reporting on the lawsuit, and thus coax them into negotiating a fair settlement at an early stage in the dispute.
Of course, above all, you’ll want to be prepared for the possibility of trial — even if the most desirable outcome is a settlement. By taking on a “case preparedness” and “willingness to litigate” approach, you can better anchor your settlement negotiations to real-world possibilities.
If the defendant knows that you are deeply invested in the case reaching a settlement, they’ll have the leverage they need to undermine you in settlement negotiations. By contrast, if they understand that you’re willing to move ahead to trial without a favorable injury settlement offer, they may be pressured to submit to your demands in settlement negotiations.
Controlling the cost of legal representation: How do skilled plaintiffs’ lawyers get paid?
As a plaintiffs’ personal injury attorney, you have many different options when it comes to how you decide to charge clients: upfront flat fees, hourly fees with a retainer, percentage-based contingency fees, and more. That being said, we generally encourage injury attorneys from mid-sized firms and small firms — as well as those attorneys operating solo — to offer their legal services on a contingency fee basis.
Why?
First, let’s summarize: contingency fee arrangements involve taking a percentage cut of the compensation you secure on behalf of the injured person. This can vary quite a bit, from 25 percent at the low end to 40 percent or more at the high end, depending on what you negotiate with the client (as well as the phase of litigation you’re in when the dispute is resolved). There’s no upfront or out-of-pocket cost when it comes to contingency fee arrangements.
In essence — as an attorney — you’re burdened with all the expenses of litigation until you’ve secured compensation on the client’s behalf, at which point you’re finally paid the percentage cut that was originally negotiated.
This may seem problematic, but by aligning incentives with the client, you’re pushed to maximize compensation — after all, the more they get paid, the more you get paid. It creates a win-win dynamic, which can improve client satisfaction overall. Perhaps most importantly, it lowers the barrier to entry so that you can take on a wider range of clients, many of whom would not otherwise have the financial resources to pay for litigation.
Why Contingency Fee Arrangements Make Sense for Growing Firms
When you’re building a client base, lowering the barrier to entry is critically important. Best of all, you likely have the time and energy necessary to “work up” edge cases that could turn into unexpected success stories when given proper attention.
Larger, high-volume firms that churn out personal injury cases quickly may not be willing to take a chance on an edge-case client who doesn’t have a “sure win.” That gives you an opportunity to step in and offer your services on contingency, and roll the dice — working up the case to the best of your ability.
Winning these sorts of cases can build you a strong reputation in the local legal community as an assertive and relentless advocate, and will set you up in the future, as your clients will be left truly satisfied. This is an underrated aspect of working a case to the fullest extent. Many edge-case clients have been turned away by other firms and are just happy that you’re willing to give them the opportunity to litigate.
Walker Advertising Can Help You Reach New Clients and Grow Your Firm’s Business
Whether you’re a personal injury attorney looking to level up your business, we can help. Here at Walker, we operate legal networks under various English and Spanish brands (1-800-THE-LAW2, Los Defensores, and more) to connect plaintiffs with qualified attorneys.
We understand that promoting your firm can be a challenge in today’s rapidly changing legal marketing environment. To that end, we have built a multi-pronged acquisition platform for gathering and qualifying leads — you don’t have to worry about pushing your services online or in person.
Instead, you can simply sign up to our network for a specific claim “type” and you’ll receive qualified leads of that type on a regular basis. In exchange, you agree to offer a free consultation so that the lead can have their negligence claims evaluated by a professional.
You can focus on doing the important work of advocating for your clients and securing compensation on their behalf. We’ll handle the administrative headache of getting you the leads you need for your firm to prosper and grow.
Contact us today to get started with one of our associates.
