A personal injury case
can be handled in several ways:
When a private individual (the “plaintiff”) files a civil “complaint” against another person, business, corporation, or government agency (the “defendant”), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as “filing a lawsuit”.
In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.
What is a Statute of Limitations?
Plaintiffs have a limited time in which to file a lawsuit, called a ‘a statute of limitation’. In Florida, you have 4 years from the date of the accident to file a lawsuit in Florida Civil court (Florida Statutes Annotated section 95.11(3)). If you do not file your case within this time window, the court will very likely refuse to hear your case (some exceptions apply).