Brain Injury Lawyers Serving North Miami

If you've sustained a brain injury, you may be entitled to make a legal compensation claim. Understanding the statute of limitations in North Miami, Florida, and other relevant information is important before you start the claims process.

Knowing the law will help you build a strong case and get the highest settlement possible. Here are some important things to consider when it comes to brain injury claims in Florida:

  • Statute of Limitations: According to the law, a personal injury claim must be filed within two years of the date of injury. No compensation can be claimed if it is not filed within that time frame.
  • Evidence: To pursue your claim in court, your personal injury lawyer will need evidence proving that someone else's negligence or recklessness caused your brain injury. This could include medical records, witness statements, and accident scene photographs.
  • Damages: A successful lawsuit can result in economic and non-economic damages such as pain and suffering, disability, loss of consortium, and impairment of life expectancy. The injured person needs to understand their rights and be aware of their potential legal remedies when filing a claim.
What Is the Statute of Limitations for Filing a Brain Injury Claim?

It's important to be aware of the statute of limitations if you are considering filing a brain injury claim in Florida. This law determines how long you can file your claim—so it's key to handle the process within that specific window.

In Florida, that statute of limitations starts from the date of injury and is currently set at two years. So, no matter what type of damages you are attempting to collect, you must ensure your paperwork is filed within two years of your brain injury.

The sooner you start navigating this process, the better. Don't wait for the full two-year period to pass before reaching out for help—waiting could result in being ineligible for benefits or compensation due to an expired statute of limitations. Take action now and contact a lawyer who has experience in brain injury cases and can help you understand the Florida laws specific to filing a claim in your area.

When Does the Statute of Limitations Clock Start Ticking for A Brain Injury Claim?

Okay, so you might wonder when the statute of limitations clock starts ticking for a brain injury claim in Florida. Here are the details:

The statute of limitations clock starts ticking when you discover that you have suffered a brain injury caused by another individual or entity. It's important to remember that this date can differ from the date that your injury occurred, as symptoms sometimes take time to appear.

That said, there is a two-year statute of limitations time limit in Florida for filing a personal injury lawsuit, including brain injury claims. So if your lawsuit isn't filed within two years of your accident or prior medical diagnosis, you will most likely be barred from recovering any compensation for your damages.

It's also important to note that minors in Florida get an extended period – they have up until their eighth birthday to file a claim, so if you are under 18 years old and have suffered a brain injury due to someone else's negligence, it is still worth getting advice from an experienced personal injury lawyer to weigh up your options.

What Happens If I File a Brain Injury Claim After the Statute of Limitations Has Expired?

So what happens if you file a brain injury claim after the statute of limitations has expired in Florida? Unfortunately, your claim would most likely be dismissed — filing a lawsuit outside the statute of limitations is considered "outdated" and not permissible.

Remember that the statute of limitations for brain injury claims can vary from state to state, and it is up to you, as the claimant, to ensure you know what that timeframe is—otherwise, your claim may be denied.

There are two exceptions, however:

  • Fraudulent concealment: if the defendant has allegedly hidden evidence or further committed fraud in some way to prevent the claimant from filing a timely claim.
  • Discovery rule: when you didn't discover an injury until after the period specified in the statute of limitations had expired.

It's important to remember that these exceptions do not always entitle you to file a case against an individual or entity for a brain injury — sometimes, it will still be rejected due to other circumstances.

Are There Any Exceptions to The Statute of Limitations for Brain Injury Claims?

Have you heard about exceptions to the statute of limitations for brain injury claims in Florida? Well, first things first: the general rule is that you have two years from the date of injury or when you became aware of the consequences of the injury—whichever occurs later—to bring legal action for a brain injury claim in Florida.

However, there are some exceptions to this statute of limitations period. For example, let's say that your injury occurred as a result of medical malpractice or a slip-and-fall accident caused by an employee of a company or government entity. These special circumstances warrant different statutes of limitations.

In cases involving medical malpractice, for instance, you might have two years to file your claim from the date of treatment (or when it should have been completed)—or two years from when the incident occurred—whichever occurs earlier.

The same goes if someone was employed by a public entity like a municipality, school district, or law enforcement agency.

Does The Statute of Limitations Differ for Different Types of Brain Injury Claims?

You might wonder if the statute of limitations for brain injury claims differs between different Florida claims types. The answer is yes, it does differ. For instance, the statute of limitations for a personal injury claim related to a brain injury is two years. But that same statute is two years for wrongful death or survival action claims related to brain injuries.

It's also important to note that the time limit could be shorter if the injured person was a minor at the time of the incident. In cases like that, the claim has to be until two years after his or her 18th birthday—so it's essential to keep track and file your claim before then.

Also, if your brain injury claim involves a government agency or employee, you have only three months from the date of the incident to file your claim. This can be tricky since many brain injuries don't present symptoms right away—which is why it's important to file as soon as possible after an incident that could lead to a brain injury later on.

As you can see, understanding the difference in filing periods for different types of brain injury claims in Florida can be rather confusing and intimidating—which is why consulting an experienced lawyer for advice and assistance is your best course of action when dealing with such matters.

What If I Was a Minor at The Time of My Brain Injury? Does The Statute of Limitations Still Apply?

The statute of limitations applies if you suffered a brain injury as a minor in Florida. But the clock starts ticking on the day you turn 18. That means you'll have up to two years to file a claim or take legal action related to your injury.

For adults, the statute of limitations begins on the date of injury or discovery of harm, whichever is later. It's important to note that filing a claim for personal injury or wrongful death can be complex, and navigating the legal system can be challenging. You should speak with an experienced attorney who can assist you and help ensure you don't miss any deadlines.

Another option is filing suit against a government entity in Florida; if you plan to pursue this, there are additional elements for filing a claim against a government entity, so speak with an experienced attorney before taking action.

The important thing with any brain injury claim in Florida is that time is ticking, so it's best not to delay if possible — even if you are the parent or guardian of someone who suffered an injury many years ago, now may be just the right time to seek legal assistance and explore your options before it's too late.

Can The Statute of Limitations Be Extended in Florida for A Brain Injury Claim?

You might be wondering about the statute of limitations for filing a brain injury claim in Florida. You should know that extending this time frame in certain circumstances is possible, but you'll have to meet certain criteria.

Florida law states that the general time limit for pursuing a personal injury lawsuit is two years, which means you must file your claim within two years of the date of injury. However, if you were impaired after your injury due to your brain injury claim, you may be able to request an extension.

This could be the case if the brain injury victim were unable to understand the legal implications of his or her situation due to being in a coma or being mentally impaired. To get an extension on filing a brain injury claim in Florida, you'll need to provide medical evidence that shows your mental impairment at or near the time of your injury.

In addition, you must have been mentally impaired from before or through the two years following your initial accident. If approved, Florida courts could extend your deadline for filing a personal injury lawsuit for up to seven years from the date of your injury.

How Important Is It to File a Brain Injury Claim Within the Statute of Limitations?

When it comes to filing a brain injury claim in Florida, it's essential that you do so within the statute of limitations — or risk losing your right to recover compensation. In simple terms, the statute of limitations is the time you're allowed to bring forth a claim. In Florida, this period is two years from the date of injury or two years from when you discover your injury.

That said, it's important to note that some exceptions can extend or shorten this period. Thus, you must speak with an experienced attorney as soon as possible after your injury so they can assess your case and determine if any exceptions may apply to your circumstances.

If you fail to file your claim within the statute of limitations in Florida, then it is likely that you will be barred from pursuing legal action and recovering financial compensation for damages caused by the brain injury. It's always best to start the process as soon as possible so that you have time to build up an effective case and maximize your chances of success.

What If I Am Unsure If I Have a Brain Injury Claim? Should I Still File Within the Statute of Limitations?

It is important to know the statute of limitations when filing a brain injury claim in Florida. The law limits the time a case must be filed, and if it is not taken care of within those timeline, you may lose the ability to pursue your claim.

If you have any questions about whether or not you might have a brain injury claim, it is important to talk to an experienced lawyer sooner rather than later. They can guide your situation and explain how it fits into Florida's statute of limitations. It is also a good idea to speak with a lawyer if your brain injury symptoms remain after adequate treatment of the injury, as some claims can take years to manifest themselves.

Talking to an experienced lawyer can help you determine whether or not you should file within the statute of limitations in Florida. Brain injuries are complex cases, and attorneys understand how to navigate these waters and how best to handle your claim to get the compensation you deserve.

What Is the Role of a Brain Injury Lawyer in Helping Me Meet the Statute of Limitations?

You might not be aware, but since Florida law has a statute of limitations of two years for brain injury claims, your lawyer plays an important role in ensuring your claim is filed in time. For instance, the lawyer may:

  • Gather evidence: Your lawyer will need to gather the necessary evidence and documentation to prove your case. This includes medical records, expert testimony, statements from witnesses, letters from employers, and more.
  • File a complaint: Once the evidence is collected, your lawyer can file a complaint in court on your behalf.
  • Negotiate with insurance companies: If you have been involved in an accident involving an insurance company, your lawyer may also be able to negotiate on your behalf for a better settlement offer.
  • Handle all communication: Your lawyer will handle all communication between you and the other parties involved in the claim, ensuring that every step of the process goes smoothly and according to plan.
  • Represent you during the trial: If it comes to it, your lawyer can also represent you and ensure you get the justice you deserve for your injury.

A good brain injury lawyer should be able to help you meet any relevant statute of limitations and other legal requirements for pursuing a claim in Florida so that you can get the compensation or benefits that are due to you after suffering a brain injury due to someone else's negligence or wrongdoing.

How Long Do I Have to Appeal My Brain Injury Claim?

You may be wondering what your timeline is for filing a claim for a brain injury in Florida, and fortunately, the answer is fairly straightforward. If you or a loved one has suffered a traumatic brain injury due to someone's negligence, you have two years from the date of the injury to file a claim.

This period starts when the injury occurs, not when the first symptoms become visible. If the person filing the claim died from the brain injury, then their estate has two years to file a claim.

It's important to note that this timeline may vary based on circumstances, so it's best to contact an attorney as soon as possible after an accident that results in a brain injury. Your attorney will be able to help ensure that all of your legal rights are protected and that any deadlines are met while they represent your interests in pursuing justice and compensation.

Contact Frankl Kominsky Injury Lawyers - Brain Injury Lawyers Serving North Miami

Ever been in a situation where you or a loved one have experienced a brain injury? If so, you know the delicate nature of these cases and the need for experienced legal representation. Many people have turned to Frankl Kominsky Injury Lawyers, brain injury lawyers serving North Miami.

We offer our clients free consultations and aggressive legal representation with flexible payment plans. Our team is passionate about standing up for the rights of those who have suffered from traumatic brain injuries and will fight to get you the compensation you deserve.

We understand that each case is unique, so we take the time to listen to your story and learn about your specific situation before creating an action plan tailored specifically for you. Your legal team at Frankl Kominsky Injury Lawyers, Brain Injury Lawyers Serving North Miami is here for all your injury-related needs; don't hesitate to call us at (561) 800-8000 and let us help you get back on track.

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