When Should I File a Brain Injury Claim in Florida?

Brain injuries can dramatically upend a victim’s life. Many of our clients are unable to work and require continuing medical care for the rest of their lives. To help them pay for this care, they need compensation from the person responsible for their injury.

But when should a victim file a brain injury lawsuit? The answer is, “as soon as possible.” Florida has a statute of limitations that lays out the maximum amount of time you have to sue. In practice, you should contact an attorney for help as soon as you suspect someone else is to blame for your injuries.

Generally, You Have Four Years to Sue

The precise amount of time you have to sue will depend on your “cause of action,” which is the legal theory you sue under. Most people with brain injuries sue under negligence, which includes the following:

  • Car accidents
  • Truck accidents
  • Pedestrian accidents
  • Slips and falls

Although 4 years might sound like a long time, you need to factor in the amount of time it takes to negotiate with the defendant and any time needed to investigate the accident. Four years can go by very quickly.

Medical Malpractice Statute of Limitations

You might have suffered a brain injury because of incompetent treatment from a doctor. Medical malpractice lawsuits have their own statute of limitations. In particular, victims have only 2 years from the date of the negligent treatment to sue. If they could not immediately discover the negligent treatment, then they have 2 years from the date of discovery.

Medical malpractice cases also have a statute of repose. This statue cuts off your ability to sue regardless of when you discover the injury. In most medical malpractice cases, the statute of repose is 4 years. Exceptions exist for young children and situations where fraud or misrepresentation kept a person from discovering the malpractice.

Wrongful Death—Two Years

A loved one might have died from a brain injury. In this case, family members have only two years from the date of death to bring a lawsuit. For example, your spouse might have been involved in a car accident, which left him comatose. If he dies a few months later, you have two years from the date of death to sue for wrongful death.

Avoid Delay

Reach out to an experienced Miami brain injury lawyer today for a free consultation. Florida’s statute of limitations is complex, and injured victims should not try to guess how much time they have. Instead, let an attorney analyze the factual circumstances.

At Dolan Dobrinsky Rosenblum, we have helped countless victims obtain badly-needed compensation to cover their expenses. Contact us by calling 305-371-2692.