Statute of Limitation of Personal Injuries in Car Accidents
A statute of limitations is a law that sets a deadline for filing a lawsuit. In Tampa and the rest of Florida, most car-accident negligence claims arising from crashes on or after March 24, 2023, generally have a two-year deadline from the date of the crash.
Claims arising from accidents that occurred before March 24, 2023, may be subject to Florida’s former four-year limitations period. Other types of claims can also have different deadlines depending on the circumstances.
Because missing the applicable deadline can prevent you from pursuing compensation, it’s important to determine how much time you have as soon as possible. If you’ve been injured in a car accident in the Tampa, Florida area, contact us today for a free consultation to discuss your options.
Purpose of a Statute of Limitations
In each state, that state’s legislature passes a law determining the statute of limitations for different types of legal claims. The reason for the limit is that as more time goes by, the more difficult it is to find witnesses and evidence that could assist the jury in determining what happened. The limit is on the plaintiff because he or she controls filing the case. Whereas the defendant has no ability to hurry up the claim.
Exceptions to Filing by the Deadline
There are situations that stop or “toll” the time running on the statute of limitations. If any of these apply, then the clock stops running and then continues if the situation changes back. Some of these circumstances are:
- Incapacitation: If incapacitated from injuries, such as a coma, then the time for filing stops until the person is out of the coma or dies.
- Out of the state: If the person who committed the act leaves the state after the case has been filed, then it stops until he or she returns.
- Concealment: If the defendant attempts to hide from the person who wants to file a claim, then the time stops.
- False Name: If the defendant uses a false name to attempt to prevent the plaintiff from locating the defendant.
How it Works
Florida’s current statute generally gives a person two years to file a lawsuit founded on negligence. For most car-accident negligence claims arising from crashes on or after March 24, 2023, that means the lawsuit generally must be filed within two years. Claims arising from earlier crashes may be governed by the former four-year period.
Other deadlines and exceptions can apply depending on the type of claim, the parties involved, and the facts. Do not assume that every Florida injury case has the same deadline.
Contact a Tampa Auto Injury Lawyer
If you have been injured in an auto accident or by some other person’s negligence, you need to see an attorney right away to discuss when the deadline is for your case.
Don’t wait until the last minute as then something might happen and the deadline might pass. Call the Tampa Auto Injury Lawyers at 844 RHINO-77 or 844 879 3213 to talk to our personal injury team who can advise you on Florida’s personal injury laws.
