Getting injured in a car accident is stressful enough. When dealing with the aftermath and all distractions that come with it, it can be easy to lose track of time. In Florida, as in every state, there are deadlines for bringing a personal injury lawsuit from an auto accident. If you don’t know what they are and miss them, you might be out of luck when collecting money for your injuries.
This article aims to teach you about the statute of limitations on car accidents in Florida so that you don’t miss any critical deadlines and can proceed confidently when making decisions about a possible lawsuit.
What Is a Statute of Limitations in Florida?
A statute of limitations is a law that sets the time limit for legal action. After this time has passed, the plaintiff can no longer bring an action to a court. The statute of limitations is meant to prevent the possibility of someone bringing an action too late.
The law also prevents courts from being flooded with old cases that may have been lost or forgotten over time.
In Florida, there are statutes of limitations in place for most personal injury cases. These statutes apply to accidents involving car wrecks and motorcycle accidents, as well as other types of accidents that can result in personal injury. The amount of time you have to file a lawsuit varies depending on the type of accident, who caused it, and what kind of damages you sustained.
Reasons for Enacting Statutes of Limitation
As time passes, it becomes more difficult to determine what happened or who was at fault for an accident. As a result, the evidence and testimony of witnesses must be collected and reviewed on time.
Deterioration of proof in a personal injury lawsuit can devastate the chances of justice being served. The purpose of a statute of limitations is to guarantee that a jury’s evaluation of the evidence is unbiased.
Statute limitations ensure that all parties’ legal interests are safeguarded. Time is detrimental to plaintiffs and advantageous to defendants. The sooner a professional examine your claim, the more likely you will have a successful outcome.
Florida Statute of Limitations
If you have been injured in a car crash, you may be wondering what the statute of limitations is for filing a claim. In Florida, there are several statutes of limitation for different types of car crash cases:
Personal Injury Litigation
According to Florida’s personal injury statute of limitations, the plaintiff must bring their action in civil court within four years following the accident. If you fail to fulfill this deadline, the court will refuse to consider your case unless you can successfully establish that there are exceptional circumstances that justify an exemption.
Claims for Damages Against the Government after a Car Accident
One may file personal injury lawsuits against the local, county, or state governments if a municipal, county, or state vehicle driver causes an accident or if poorly maintained roads contribute to an automobile accident. The statute of limitations for suing a government agency in Florida is three years after the date of the incident.
Lawsuits for Wrongful Deaths
Victims’ families have the right to sue the party or parties responsible for their loved one’s death or severe injuries after an automobile accident. The statute of limitations in Florida stipulates that wrongful death cases must be filed within two years after the decedent’s passing.
Product Liability Litigation
Occasionally, auto equipment like malfunctioning brake pads and tires may blame for certain car accidents. In such cases, personal injury attorneys may seek reimbursement from the product’s maker. The four-year limitation period applies when a defect causes harm. Nevertheless, the statute of limitations for wrongful death claims is two years if an automobile or car part defect causes death.
How to Prove Your Car Accident Claim in Florida
To prove your car accident claim in Florida, you’ll want to get a copy of the police report. You’ll also want copies of the car accident victim’s medical and work records. In addition, you should request a copy of their insurance policy and credit card statements for specific dates before and after the car accident. This can help demonstrate that your client was unable to work because of their injuries caused by accident and thus entitled to additional compensation.
If you’ve been injured by someone else’s negligence on Florida roads or highways, it’s important that you know what evidence is required and how long it takes to file a lawsuit against them so they can be held liable for their actions and pay what they owe you!
Exemptions to Florida’s Statutes of Limitation
There are exceptions to the statute of limitations in Florida when bringing legal action after an automobile accident, but these exceptions are rare.
If the defendant uses a fictitious identity to evade the litigation, the timeframe will be prolonged until the defendant is discovered.
The Defendant’s Availability
Since launching a civil suit involves the personal service of papers, the clock stops if the defendant has left the state, gone into hiding, or is otherwise unreachable.
Delays in Finding Out
The statute of limitations may be extended if the injured person does not discover their injuries until much later. It’s feasible, even though it doesn’t often happen in vehicle accidents.
Serious and life-threatening injuries
The statute of limitations in Florida extends to seven years if the injured party cannot press charges immediately since they are in a horrible state, such as in a coma.
The statute of limitations in Florida is an important factor to consider when it comes to filing your lawsuit. The statute of limitations for car accidents in Florida will help you keep the costs down, so consider how long the clock runs on your case. The sooner you start, the better, and there’s no time like the present to make a decision, so don’t wait.
Hopefully, you now know better how long you have to file your claim. The time limit may be considerably shorter than you think, so you may want to consult with a personal injury lawyer from LJW to have the specifics of your case examined.