You may believe that no harm resulted from your personal injury accident and decide to let it go without suing. However, later on, you may notice head, neck, back, or internal injuries manifesting and causing you great pain and suffering. But at this point, the state’s statute of limitations of two years from your accident date may have already passed. Well, if this is your case, please follow along to find out the statute of limitations if you experience a delayed injury and how a proficient Miami-Dade County injury lawyer at the Law Offices of Gonzalo Funes, PA, can help your claim get admitted by the Florida civil court.
What is the statute of limitations for a delayed injury in Florida?
It is widely regarded that certain injuries, especially those that are commonly prompted by personal injury accidents, can take days, weeks, months, or even years afterwards to be made known. This is why the Florida civil court sometimes evaluates and applies what is known as the discovery rule to submitted personal injury claims.
This rule holds that the statute of limitations should be set at two years from the date a plaintiff discovered or should have reasonably discovered the bodily injuries they incurred from their personal injury accident. This is rather than two years from the accident date itself. Of course, this takes sufficient proof that you were careless in not addressing your injuries sooner.
Other valid means to postpone the statute of limitations are if you were a minor at the time of your personal injury accident, or if you have a known mental incapacity that makes it difficult for you to handle your own affairs. Again, this new deadline may be two years from your 18th birthday or the date you regain your mental capacity.
What is the statute of limitations for a delayed death after an accident?
In another scenario, say that your loved one was involved in a personal injury accident. While they may have seemed reasonably healthy immediately afterwards, they may have experienced health complications later on and sadly passed on. This is especially true if they experienced internal bleeding, organ damage, or even blood clots.
Well, it is understandable if you wish to pursue a wrongful death claim on their behalf. In the state of Florida, you may be able to file your claim within two years of their time of death rather than the date of their accident. Of note, though, the discovery rule may apply here, as well, and you may file within two years of when the cause of their death was reasonably identified.
Before you get too ahead of yourself, you must confirm that you are an eligible plaintiff for a wrongful death claim. That is, you must be a surviving spouse, adult child, parent, or other blood relative who was financially dependent on your loved one and emotionally harmed by their death. Then, you must have your loved one’s personal representative file on time.
Understandably, this may all seem like a headache during this especially overwhelming time. Well, to alleviate some of the pent-up stress, please turn to the legal aid of a talented Miami-Dade County injury lawyer. Contact our office, the Law Offices of Gonzalo Funes, PA, right now; someone will be more than happy to speak with you.
