New Smyrna Beach, Florida Personal Injury Attorney
Though we take every effort to keep ourselves safe from harm, we cannot always avoid suffering injury or tragedy. If you or a loved one has recently been injured due to another person’s negligence, my firm can help you seek the restitution you deserve. I understand the difficulty you are facing and have experience in a wide variety of legal cases. I will use this knowledge to help guide you through the process of filing a personal injury claim.
Looking to file a personal injury claim? I handle a wide range of injury cases, including the following:
- Auto/trucking accidents
- Slip and fall
- Medical malpractice
- Products liability
- Wrongful death
In most events where life-altering harm can be attributed to the fault of another, you have the right to file a lawsuit. A claim can address the emotional, psychological, and financial damage suffered as a result of the injury, including the wages lost due to the accident. Likewise, if another’s negligence led to your loved one passing away, you can seek to recover the support they would have otherwise provided you.
Do not delay in seeking compensation for the wrong others have caused you. Some types of cases, such as wrongful death, give a small window of time in which a claim can be filed. I will handle your case in a timely, professional manner. With Avallone Law P.A., you can be confident that your case is in the right hands.
The personal injury laws in Florida are complex and you will need a proven injury lawyer in Daytona Beach who can get you fair compensation. I do not tolerate the practices or negligence that led to your suffering. I will fight to ensure that each of my clients is properly compensated for their difficulties. With a wide range of legal experience, I am qualified to provide the representation you need.
What are the Time Limits for Filing a Personal Injury Lawsuit in Florida?
Have you been involved in an accident? Maybe it was not serious and you thought at the time that your injuries were very minor and you would heal quickly. Perhaps your car has a mechanical problem as a result of the accident that you just discovered. Can you still file a lawsuit and attempt to recover damages? Yes, but that depends on if you are still within the statute of limitations.
The statute of limitations establishes a time limit after an injury occurs for the person who was injured to file a lawsuit. Once this time limit has passed, any lawsuit cannot be filed. Florida’s statute of limitations for personal injury claims is as follows:
- Negligence Claims – 4 years from the date of the event that caused the injury
- Medical Malpractice Claims – 2 years from the date of the event or 2 years from the date that the injury was discovered or should have been discovered in the exercise of due diligence (no longer than 4 years from the date of the event)
- Wrongful Death – 2 years
- Claims against a city, state or county government – 3 years, for example, if you were involved in an accident caused by street conditions or a county employee driving a city vehicle.
The statute of limitations is in place to allow a plaintiff time for recovery while protecting the defendant’s right to now having a potential lawsuit hanging over their head indefinitely.
There are circumstances in which the statute of limitations can be suspended, or tolled as it is called. This results in additional time to file the lawsuit. Under Florida law the following circumstances may apply:
- The defendant is out of state
- The defendant is using a false name to avoid being served
- The defendant is hiding to avoid being served
- The plaintiff is found to be incapacitated before the cause of the action and is unable to sue
- The plaintiff is a minor and does not have a parent or guardian to bring suit on their behalf
Navigating the legal system can be confusing. Consult a competent Florida personal injury attorney to assist you with statute of limitations questions.
Call Larry Avallone today with questions or for a free consultation. (386) 682-9235
If you need a personal injury attorney in Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach or areas surrounding Volusia County to help with your case, contact Avallone Law at 386-682-9235 to schedule your free consultation.