Are there any time limits on filing a claim for a catastrophic injury?
Yes, there are time limits on filing a claim for a catastrophic injury in Florida. Generally, all civil claims must be filed in a certain amount of time, or they will be barred by a statute of limitations. In Florida, the statute of limitations for most catastrophic injury cases is four years, meaning that a claim must be filed within that period of time or it will be barred. However, there are also other factors at play that may influence the amount of time available to file a claim. One example is if the catastrophic injury was caused by medical malpractice, the time limit for filing a claim may be as short as two years. In these cases, a claim must be filed within two years of the date of the malpractice, or it will be barred. Additionally, the time limit for filing may be shortened if the affected person is a minor or is mentally disabled. Additionally, if the claim involves a governmental entity, a special notice of claim must often be posted within three months of the incident in order to preserve the claim. Meeting these criteria and requirements is especially important for catastrophic injury claims, as the damages from such an injury can be quite substantial. It is also important to note that certain exceptions may apply to the statute of limitations in some cases. For example, a delayed discovery exception may apply if a plaintiff discovers the injury or illness after the statutory time limit has expired. It is important to consult with an experienced catastrophic injury attorney to determine if the delayed discovery exception applies and how it may affect the timing of your claim.
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