Statute of Limitations for Car Accidents in Florida
If you have been injured in an accident in Florida, the following days, months and years can feel overwhelming and confusing. While you are focusing on recovering from injuries sustained in the accident, the last thing on your mind might be filing a personal injury claim. While your health and recovery should be your main priority following an accident that has caused you injuries, you will also want to start to consider the necessary steps you will need to take to get compensated for expenses incurred due to the accident, including medical expenses, lost wages, and property damage. It is important not to wait too long because there is a time limit on how long you have to file a claim or lawsuit.
Florida Statute of Limitations
Every state has a statute of limitations in place. A "statute of limitations" is a law that places a time limit on how long after a car crash you have to initiate a cause of action such as a claim for personal injury or property damage. According to Florida Statutes section 95.11(3)(a), personal injury claims following the crash must be filed within 4 years of the date of the accident. When it comes to property damage, there is also a 4 year time restriction. It is important to note that there are different statutes of limitations depending on the situation. Statute of limitations may vary between car accident claims, crimes, and different types of personal injuries. For claims regarding wrongful death, the statute of limitations is 2 years. There may also be exceptions for the 4 year statute of limitations when it comes to injury claims, and an extension may be granted if the extent or circumstances of the accident warrant such.
While it may seem unjust or unfair to an injured victim that there is a time limit on filing a claim and seeking justice, there are several common-sense reasons why statutes of limitations are in place. The main reason is to prevent a plaintiff from the ability to take legal action against a defendant for an infinite amount of time. It is also considered unjust to bring a claim against a party for an accident that happened in the distant past. Another reason is that over time, evidence such as medical records and witness testimonies may be lost and eyewitnesses may not be available. Also, over time memories get cloudy and key evidence, such as a car that may have had a malfunction, may be repaired or sold before the case is initiated and an investigation can take place.
Steps to Take After a Car Accident
- Seek medical attention
- Contact a personal injury attorney
- Document the scene and collect evidence
- Request a police report
Florida Car Accident Injury Lawyer
Florida's statute of limitations law can be complex to understand. If you are unsure of how long you have to file an injury claim, The Law Offices of Robert Gluck can help. While the last thing you may want to do after recovering from an injury is to begin legal proceedings, waiting to do so could be detrimental to your long-term recovery from a financial standpoint. It is in your best interest to contact an experienced Florida injury lawyer immediately after an accident. They are there to help you in all steps of your recovery. Call Robert Gluck today with any questions you have regarding your car accident case in Florida. He can be reached at (877) Gluck-Law.