Articles Posted in Personal Injury

Accident Victim

If you’ve been injured in any accident involving another’s negligence, you are legally entitled to bring a personal injury lawsuit against the at-fault party. However, Florida law requires you to bring a personal injury claim within a certain time. If you don’t, you will almost certainly lose any ability to hold the at-fault party accountable, and, in turn, you may be leaving a lot of much-needed money on the table.

Here at the Blakeley Law Firm, P.A., we want to ensure that accident victims are fairly compensated for everything they’ve been through. And we understand that nothing is more frustrating than learning that you’ve missed your chance to hold a negligent party accountable. So, we’ve put together a list of Florida personal injury statutes of limitations and some of the most common questions related to how long you have to file a personal injury claim.

Motor Vehicle Accidents – 4 years
Dog Bites – 4 years
Assault and Other Intentional Acts – 4 years
Product Liability Claims – 4 years
Slip and Fall Cases – 4 years

As you can see, the vast majority of negligence cases must be filed within four years. However, there are some exceptions to this general rule:

Medical Malpractice Cases

Medical malpractice cases are generally subject to a two-year statute of limitations. However, determining when the statute of limitations starts to run can be complex. Generally, the medical malpractice statute of limitations begins on the day of the medical error, but if the patient didn’t learn of the error until a later date, they have two years from that date. However, medical malpractice cases are subject to a four-year statute of repose, meaning that a case cannot be brought more than four years after the alleged medical error (unless the victim is a minor).

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Recovering from an accident isn’t easy. While the physical pain may pass, the emotional strain may stay for a very long time. Thankfully, Florida offers extensive protections to help victims of DUI accidents, and the state wants to make it clear that drunk driving is simply unacceptable. Prosecutors have to prove beyond a reasonable doubt that a driver was under the influence while driving in order for any criminal charges to stick. In a civil case, however, a DUI accident lawyer only has to prove that the driver was likely drunk. But claiming compensation isn’t easy. A Personal injury lawyer in Fort Lauderdale can look over your case and let you know the relative strengths and weaknesses of same. Here are some other accident-related things they can help you with:

• Negotiating with the Insurance Companies:

Insurance companies want accident victims to settle for low amounts, and they do whatever they can to achieve this. Without professional help on your side, you will have a tough time dealing with the insurance companies. Since lawyers are seasoned negotiators, they can fight for you, ensuring you get maximum compensation for your claim.


Ridesharing companies like Uber and Lyft attract passengers with their app-based ridesharing technology for providing quality service. They hire freelance drivers who can use their own vehicles to transport passengers. Uber and Lyft drivers are often susceptible to distracted driving, as many of them are part-time workers and have taken up the job to make some extra money. Lack of sleep, negligence, impaired driving, and use of phone apps for directions can result in accidents. If the driver gets into an accident, you may file a rideshare accident lawsuit to claim compensation. These companies have a $1 million insurance policy with $50,000 for personal injury.

Here’s what you should do if you’re experiencing a ride share accident.

1. Seek Medical Attention

Drowsy driving is a major issue in the US. The National Highway Traffic Safety Administration estimates that it is responsible for around 2.5% of fatal car crashes in the country. In 2013 alone, drowsy driving caused around 72,000 car accidents!

Why is it so dangerous to fall asleep behind the wheel?

Florida car accident lawyer Jarrett Blakeley helps explain why:

You may not have your personal injury attorney on speed dial, but it will help to pick one before a crisis to avoid the consequences of a crash. But choosing a Fort Lauderdale car accident lawyer isn’t easy. When it comes to walking the walk, only a few can be counted on. If you’re looking for a personal injury lawyer in Florida you can trust, use these tips:


Choose lawyers who deal exclusively in car accident related personal injury claims. This is because personal injury is a vast branch involving many specialized practices and rules. To understand these in detail, you need someone who has narrowed down his expertise to motor accidents. He or she is more likely to understand the nuances of your case and will know how to argue on your behalf.


If you have been hit by someone driving under the influence of alcohol or drugs, you’re probably eligible for some kind of compensation. But winning a claim against the insurance company of a DUI driver is anything but easy! It is important that you file the insurance claim properly. Here are three things to do, in order, if you’ve been injured by a drunk driver:

What you need to do immediately:

Immediately after the accident, your priority should be to protect yourself and ensure that you receive medical treatment. Call 911 and get help for yourself and others. Do not attempt to physically move yourself or anyone else unless it’s absolutely necessary, as it could cause further injury. Do not leave the accident site. If able, take photos until help arrives and collect other information, such as phone numbers of the other person, their workplace, driver’s license number, license plate number, insurance information, etc. Do not ask the driver if they are drunk, or attempt to scare them by telling them you’ve called the police. Keep conversation to a minimum.


Sometimes the only solace you get from being involved in a car accident is that it wasn’t your fault. But that too can be short-lived if the other driver didn’t have enough car insurance, or if it was a hit and run and next to impossible to identify the driver. Here are three things you should remember if you’ve been hit by an uninsured driver.

Filing a Lawsuit In A Partial No Fault State

Florida is a partial no fault injury state. That means drivers have to carry insurance that pays for personal injury, medical expenses and lost earnings. To get an injury settlement from the other driver or from your own UM policy can be difficult. Having a car accident lawyer guide you through this process is the best way to give yourself the best chance to get the compensation you deserve.

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