STATUTE OF LIMITATIONS AUTO ACCIDENT CLAIMS
To start with, Florida limits the amount of time you have to pursue compensation with its statute of limitations. So, if a negligent party injures you or a loved one in an auto accident, you need to protect your rights. Particularly, you need to know which statute of limitations applies to your case.
In all honesty, this will allow you to take the correct steps in recovering damages. Hence, you will need an auto accident attorney. Because a Tampa auto accident attorney understands the laws. And they can prepare your claim in a timely manner, so you don’t get burned by the statute of limitations.
Defining Statutes of Limitations
Thus, Cornell Law School defines statutes of limitations as any law that prohibits claims after a given time limit. In addition, these limitations vary from state to state. They also exist in both civil actions and criminal offenses. In fact, Florida has statutes of limitations for several different laws.
Thus, statutes of limitations protect the legal rights of all parties. As a matter of fact, in auto accident cases, it helps to preserve evidence and witness testimony. Because over time the quality of evidence and witness testimony deteriorates. With this in mind, it is important to have a car accident lawyer review your case as soon as possible.
Florida Auto Accident Deadlines
For most Florida car-accident negligence claims arising from crashes on or after March 24, 2023, the lawsuit deadline is generally two years from the date the cause of action accrued, which is typically the crash date. Claims arising from earlier crashes may be subject to the former four-year limitations period. Different claims, parties, or circumstances can have different deadlines, so the applicable deadline should be determined as soon as possible.
Auto, Truck & Motorcycle Accident Statute of Limitations
For negligence claims arising from most car, truck, and motorcycle crashes on or after March 24, 2023, Florida generally provides a two-year limitations period. Claims arising from earlier crashes may be governed by the former four-year period. Other statutes can impose different deadlines depending on the type of claim or defendant.
Wrongful Death Statute of Limitations
As for the statute of limitations for wrongful death, the surviving members of the family only have 2-years to file a lawsuit. In fact, this time limit applies to all forms of accidental deaths. Including deaths from fatal automobile, motorcycle, and trucking accidents. So, if you lose a loved one due to a negligent driver, talk to an attorney who understands Florida’s wrongful death laws.
Can the Deadline Be Extended or Tolled?
Florida law recognizes limited circumstances that can affect how a statute of limitations is calculated or tolled. Those rules are specific and fact-dependent. Do not assume that the severity of an injury, delayed symptoms, or difficulty locating a defendant automatically gives an injured person additional years to sue. The applicable statute and the facts of the case should be reviewed promptly.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
