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Should I wait to file a Personal Injury Lawsuit due to COVID-19?

Posted on May 12, 2021

Covid-19 has changed the world as we know it. While there is currently a light of the end of the tunnel, we still have quite a while until we return to the good old days of pre-2019.

During the past year, many clients have asked us if they should move forward with their personal injury cases or wait until the current pandemic passes. Here are some thoughts to keep in mind when making this consideration:

Statute of Limitations and Gathering Evidence

A statute of limitations is “the time limit imposed by law in which a lawsuit … can be filed.[1]” In Florida, most personal injury claims have a two-to-four-year statute of limitations. This means that the paperwork must be filed for a personal injury claim within two to four years of the event which caused the personal injury.

This sounds like more than enough time, but waiting until the last minute can work against you. Over time, witnesses’ memories fade, witnesses may move without providing forwarding details, and receipts and other key pieces of evidence can be misplaced. Moreover, the injury scene may need to be investigated while it is still fresh. Waiting too long after the personal injury incident takes place means that your claim may lack the necessary evidence to make the strongest possible case to win you the largest potential settlement or verdict.

Medical Appointments

One of the strongest pieces of evidence in a personal injury case is your medical record. This documents the injuries that you received and the treatments that you have tried. During COVID-19, it has been difficult for many people to receive non-emergency medical care. If you have had to delay medical treatments for your personal injury due to lack of available care, it’s important to speak with a knowledgeable personal injury attorney, like ECanter Lawyers, who can advise you on the best course of action regarding when to file your personal injury claim.

Retaining Knowledgeable Counsel

Every personal injury lawsuit is unique. The best way to determine when to file your lawsuit is to speak with an experienced personal injury attorney, like the attorneys at ECanter Lawyers, as soon as possible after your injury. Based on the specific details of your case, they can advise you on the optimal time for filing your personal injury lawsuit to maximize your chances of earning the largest possible settlement or verdict. It’s never too early for a free consultation to understand your options. Contact us today at 561-447-4500.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For over two decades, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 


[1] Legal Dictionary. Statute of Limitations – Definition, Examples, Cases, Processes (legaldictionary.net) Accessed March 27, 2021.

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Disclaimer: The information throughout this south Florida personal injury lawyer website is not intended to be taken as legal advice. The information provided by ECanter Lawyers is intended to provide general information regarding injury and accident claims including car & truck accidents, medical malpractice lawsuits, premises liability claims, product liability, and workers’ compensation claims for South Florida residents. If you are interested in a free case review please contact our injury attorney, Eric Canter. We now serve the following locations: Palm Beach County including Boca Raton, Boynton Beach, Delray Beach, Greenacres, Lake Worth, Royal Palm Beach, Wellington, and West Palm Beach; Broward County including but not limited to Coral Springs, Deerfield Beach, Fort Lauderdale, Lighthouse Point, Margate, and Pompano Beach; and Miami-Dade County including Miami. © 2021 Copyright ECanter Lawyers. All Rights Reserved. We now serve the following locations: Palm Beach County including Boca Raton, Boynton Beach, Delray Beach, Greenacres, Lake Worth, Royal Palm Beach, Wellington, and West Palm Beach; Broward County including but not limited to Coral Springs, Deerfield Beach, Fort Lauderdale, Lighthouse Point, Margate, and Pompano Beach; and Miami-Dade County including Miami. Web Development by IWD Marketing