Florida personal injury lawsuit

Understanding the Florida Personal Injury Lawsuit Statute of Limitations

December 27, 2022 | by David J. Halberg, Esq.

When it comes to filing a Florida personal injury lawsuit, the “when” sometimes matters just as much as the “what.” That’s because with very few exceptions, there are strict time limits – known as the “statute of limitations” – in which claims can be filed. Florida injury lawsuit statute of limitations

If the events that gave rise to a claim occurred too long ago, we say that the case is “time-barred.” In Florida, time limits on filing a personal injury lawsuit are outlined in F.S. 95.11. The time window for filing a lawsuit may be longer or shorter depending on the:

Type of tort claim. Most Florida personal injury claims (those involving bodily injury resulting from some type of accident) have a 4-year statute of limitations. However, claims for medical malpractice and wrongful death must be filed within 2 years. In some instances, an administrative notice of intent to file a claim might be required much sooner. Florida civil claims for sexual abuse have a 4-year statute of limitations, though the clock doesn’t begin ticking until the last alleged incident of abuse.

What Happens in a Florida Personal Injury Lawsuit if the Defendant Dies?

December 8, 2022 | by David J. Halberg, Esq.

Anyone who’s ever filed a Florida personal injury lawsuit probably understands the unpredictability of life – and death – better than most. But what happens when the defendant in your pending personal injury lawsuit dies suddenly? In short, it will inevitably impact the case, but the claim doesn’t die with them. That said, there are certain steps you may need to take to preserve your claim. Florida personal injury lawsuit

Florida’s survival statute, F.S. 46.201, states that no cause of action (the reason for the lawsuit) dies with the person. Lawsuits can be initiated, prosecuted, and defended in the name of the person who has died. In other words, if the defendant in your Florida personal injury lawsuit dies while the case is pending, you can continue to pursue the claim against their estate. Further, if you have a valid cause of action but haven’t yet filed your lawsuit by the time the would-be defendant dies, can still pursue that case against the defendant’s estate – assuming the statute of limitations hasn’t expired.

What if the situation is reversed, and it’s the plaintiff who dies? Personal injury lawsuits aren’t extinguished because a plaintiff dies. The decedent’s personal representative would have to take over the case. From there, the only thing that really changes is the type and amount of damages that can be recovered. For example, damages for future medical expenses, lost wages, and mental anguish are no longer on the table if the plaintiff is dead.

Additionally, per F.S. 733.104(1), if a potential plaintiff had grounds to file a civil injury lawsuit but died before they could do so, the personal representative of their estate can initiate the claim, so long as they do so either before the statute of limitations runs out OR within 12 months of the decedent’s death – whichever is longer. In some cases, because it can take months for a personal representative to even be appointed, personal injury claims can also be commenced by either a curator or an administrator ad litem. The absence of a known personal representative is not a valid excuse for not filing a timely motion to substitute.

All this said, our Palm Beach personal injury lawyers must stress that if any party to a lawsuit dies, it is imperative to take proper steps to preserve the claim. Continue reading

5 Things to Know About Filing a Florida Personal Injury Lawsuit

June 30, 2022 | by David J. Halberg, Esq.

If you’re thinking about filing a South Florida personal injury lawsuit, chances are you’re also still reeling from the incident. Our West Palm Beach injury lawyers recognize that litigation can seem like a daunting prospect. One of our goals is ensuring prospective clients understand the basics of the personal injury law in Florida, and how that might play out in their case. South Florida personal injury lawyer

Here, we outline five key facts Florida personal injury clients should know.

You may not even have to file a lawsuit. A fair percentage of the time, your lawyer may be able to resolve the matter by filing a personal injury claim directly with the defendant/insurer and negotiating with them. Everyone knows the costs – and risks – associated with going to court. If it’s at all possible to settle the matter out-of-court, that’s usually in everyone’s best interests. A lawsuit really only needs to be filed when the other party is denying any wrongdoing or refuses to pay fair compensation for your losses. Even if you file a lawsuit, cases rarely make it all the way to trial. They’re either dismissed or settled before it gets to that point. (Most cases settle because, as injury lawyers, we work on a contingency fee basis, meaning we aren’t paid unless you win. That gives your lawyer strong incentive to shoot straight about your odds at the outset.) Often, when a case does make it to trial, it’s only one or two issues of contention. Of course, those issues may be substantial and still require significant research, expert analysis, and time, but it’s better where possible to narrow down issues of contention to as few points as possible.

5 Things to Know Before Filing a Florida Injury Lawsuit

August 5, 2020 | by David J. Halberg, Esq.

Most people who file a Florida injury lawsuit are brand new to the process. They may have never given the notion a second thought – until something happened to them. Our West Palm Beach injury lawyers understand the prospect can feel overwhelming. Our goal as trusted civil trial lawyers is not only to fight for a fair resolution to your claim, but also to guide you through every step as painlessly as possible.

Although every civil injury lawsuit is different, there are a few frequently asked questions and common issues that arise early on.

Here, we’re offering the first five things to know before filing a Florida injury lawsuit. Continue reading

How Long Will My Florida Personal Injury Lawsuit Take?

July 6, 2020 | by David J. Halberg, Esq.

One question our West Palm Beach injury attorneys often field from prospective clients is, “How long will my Florida personal injury lawsuit take?” The only accurate way to answer that question is the one people least like to hear: It depends. Florida injury lawsuit

The timing depends on a long list of factors, including:

The type of claim (car accident, slip-and-fall, sexual assault, medical malpractice, etc.).
The strength of your claim (available evidence you have to prove it).
The severity of your injuries and length of recovery time.
How many defendants are involved.
The defendant’s willingness to settle or resolve to fight.
The skill of your civil injury lawyer.

Of course, it may be possible to settle a case for quickly, but it’s important not to do so for an unreasonably low sum. Reaching a fair settlement can take some patience. A trial will inevitably take longer – sometimes years – but that isn’t how most Florida injury claims are resolved. Even those cases that do go to trial often are about either liability or damages, but not both. The more issues that can be resolved prior to trial, the faster the case may conclude.

The statute of limitations on most Florida personal injury claims is four years, per F.S. 95.11. That means you have four years from the cause of action (time you were injured) in which to file your claim. However, if your injury claim involves medical malpractice, you only have two years (except in some rare circumstances). It’s also two years if you are filing a claim for wrongful death.