Understanding the Florida Statute of Limitations for Car Accidents
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If you've or a loved one have been injured in a car accident, it's critical to understand the time limits Florida law places on filing a legal claim.
The Florida car accident statute of limitations sets the deadline in which plaintiffs must file in order to be heard by the courts.
Under Florida's statute of limitations provides four years from the date of the car accident to file an accident lawsuit in the state court system.
The time limit doesn't apply to all cases, and there are unique circumstances which can provide more time to file a lawsuit.
Some claimants don't realize there is a deadline until it's too late.
This deadline extends to auto injury cases including rental cars, Uber accidents, Lyft, and commercial vehicles not involving workers' compensation or death.
The Florida statute of limitations exists to ensure timely accident lawsuits, and puts a strict time limit on taking legal action.
Personal injury lawsuits filed after the statutory deadline not subject to tolling will be dismissed by the court.
If you're case involves workers comp, medical malpractice, or wrongful death, you may have less time than you think.
Consult with an experienced Florida car accident attorney immediately after a serious crash. If you've been seriously injured you need to protect your right to compensation.
"In certain circumstances the time limit to file a claim can be extended..."
The Importance of the Deadline in Car Accident Cases under Florida Law
After an auto accident in Florida, it's understandable to be overwhelmed and confused.
Accident injury victims face real challenges when it comes to their recovery. Unfortunately, while in treatment, the medical bills begin to pileup.
The insurance companies are well aware of the deadline and aren't in a hurry to payout more than they have to.
Why is this deadline crucial in an accident case? Primarily because it isn't flexible. Each car accident is inherently unique, but if a lawsuit is not filed within this four-year period, the courts may dismiss the case.
If you fail to file within the time alotted, the insurance company isn't going to volunteer to make you whole, no matter the legal merit of your claim.
The four year time limit in the Sunshine State is a hard deadline, but exceptions may lengthen or shorten that time period. The first exception to the rule include the limitations for workers' compensation cases which are governed by a different statute limiting the time to 2 years.
Drivers injured while on the job have 2 years to file their workers comp claim from the date of injury. Failure to file the lawsuit within the period risks no longer being eligible to seek remedy through the court system. This means all liability concerns and potential damages are no longer heard.
Victims of negligent driving don't want to miss the opportunity for legal remedy and compensation if their case has merit. Your attorney understands the Florida statute of limitations for car accidents and will be able to help you navigate it successfully.
Accident injury events can rapidly approach the statute's limitations and exceed your window of opportunity when you are focused on your physical recovery.
It's not just these complex Florida laws which compel fast action. Your personal injury lawyers will want to investigate liability promptly after an accident has taken place.
As the days and months slip away, evidence is lost, witnesses become unreachable, and your chances for the best possible outcome diminish. When pursuing a personal injury claim, fast action carries the day.
If you are nearing the deadline with an injury claim of your own, an experienced accident attorney knowledgeable in the Florida law can help see if any timeframe exceptions apply, and help ensure your case is filed promptly within the state deadline if time remains.
Statute of Limitations for Wrongful Death
The statute of limitations for wrongful death in Florida is two years from the time of death under Florida Statute 95.11 (4)(d).
This means if the claimant dies due to their accident injuries, you only have two years from the date of the death to file a lawsuit.
Florida’s statute of limitations for wrongful death provides for two years to file but includes exceptions for extenuating circumstances. This deadline is crucial to understand in car accident lawsuits when the claimant was killed. After involvement in any auto accident involving catastrophic injury you are strongly encouraged to contact an experienced attorney as soon as possible to review your legal rights.
If you miss the deadline for filing your wrongful death claim your risk seeing your paths for legal remedy closed. It doesn't matter how much evidence you have, the details of what happened, or amount of potential damages sustained, if you don't qualify for one of the exceptions you lose the right to secure a compensation for your loss.
Workers Compensation Statute of Limitations
The Florida statute of limitations for workers compensation claims is 2 years under Florida Statute 440.19
Medical Malpractice Statute of Limitations
The standard statute of limitations for medical malpractice claims is 2 years, extended to 4 years in instances where the cause giving rise to the malpractice claim was not immediately discoverable at the date of occurrence. Florida Statute 766.106
Additional time allowances are made for special circumstances involving fraud or concealment.
The Right Legal Representation after a Florida Car Accident
It's critical after a Florida car accident to secure legal representation right away in order to protect your legal rights and maximize your compensation.
A seasoned attorney will be well familiar with the Florida car accident statute of limitations and will be able to help review your legal options under the Florida statutes that apply.
The standard four-year filing deadline will apply to most car accident injuries, but each case is unique. Your attorney will help you navigate the complexities of cases involving car accidents and personal injury.
Injured claimants face several challenges after a serious accident.
The legal process has limitations, however.
Don't do the insurance companies any favors by waiting too long to take action and pursue your rights.
Your legal team can initiate and process your claim in accordance with the statute of limitations. The gravity of the accident and the extent of the injuries incurred directly impact compensation entitled, but all that is moot if the claim isn't filed in time.
It's not a situation to gamble with given every passing second could potentially jeopardize your being made whole.
Let our trusted law firm handle negotiating with the insurance companies and ensure all aspects of your case are handled responsibly - so you can focus on recovery. You deserve the best representation available to handle your personal injury and car accident cases.
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