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Injury Claims & Florida Statute Of Limitations
If you’re injured in any type of accident caused by the negligence of another in the state of Florida, you must understand your legal rights. A big part of this is understanding the statute of limitations associated with filing an injury claim. With this knowledge, you’re able to avoid a situation in which you take legal action too late. If you wait past the Florida statute of limitations, you’re likely unable to seek compensation for your injuries and other damages. Our experienced Daytona Beach personal injury lawyer explains more about this crucial Florida law.
What is the statute of limitations for a regular car accident in Florida?
When compared to many other states, Florida has a longer statute of limitations for car, commercial truck, and motorcycle accident cases. Currently, the statute of limitations is four years from the date of the accident.
While it’s good to know that you have plenty of time to take legal action, it doesn’t mean you should hold off until the last minute. It’s in your best interest to seek legal guidance as soon as possible, as this increases the likelihood of maximizing your compensation.
Waiting too long to make a personal injury claim in Florida can result in:
- Lost evidence
- Increased difficulty establishing liability
- The inability to get in touch with witnesses to the accident
- Misplaced records, such as medical records and test results
What is the statute of limitations for a Florida car accident involving a government entity? If your accident involves a government entity, the statute of limitations for filing a lawsuit is three years.
Examples include an accident with a vehicle owned by the state, and a crash caused by a poorly maintained or designed roadway.
What about a Florida car accident resulting in death? A Florida car accident resulting in death has a different statute of limitations than a regular crash.
Wrongful death plaintiffs have two years from the date of the accident to file a lawsuit. This holds true with all types of motor vehicle accidents.
How long after a car accident can you claim injury?
According to Florida Statutes Annotated section 95.11(3), you have four years from the date of the accident to file a lawsuit in civil court. For that reason, you also have four years to claim that you were injured in the accident.
You may be wondering why anyone would wait that long to claim an injury. There are many reasons for this, such as if the victim was unable to take action as a result of severe injuries.
Also, some injuries don’t present symptoms right away, such as:
- Concussion
- Headaches
- Back and neck pain
- Personality changes
- Post-traumatic stress disorder (PTSD)
- Shoulder pain and stiffness
- Abdominal pain or swelling, often related to internal organ damage
Even if you receive medical treatment immediately following a car accident, it doesn’t necessarily mean that all your injuries will be diagnosed at that time.
As the days turn to weeks and the weeks turn to months, pay close attention to any changes in your health. For example, if you regularly wake up with a headache, consider if you could have suffered a concussion or other type of brain injury.
Are there any exceptions for getting an extension on the state’s statute of limitations?
While not common, there are exceptions for getting an extension on the Florida statute of limitations. Here are three of the most common scenarios leading to an extension:
- You were deemed incapacitated at the time of the accident: This can result in an extension of up to seven years.
- The person who caused the accident fled the state: This occurs when the defendant leaves the state before you’re able to file a personal injury lawsuit.
- The person who caused the accident took steps to conceal their identity: This can take on many forms, such as a name change. Also, the defendant may attempt to hide from authorities to prevent the lawsuit from being served to them.
If you are interested in learning more about statute of limitations exceptions, visit this page of The Florida Senate website or consult with an experienced Daytona Beach personal injury attorney.
Don’t let the Florida statute of limitations expire on your chances of compensation
The last thing you want to do is take an unnecessary risk with your Florida personal injury claim. By consulting with a Daytona Beach personal injury lawyer immediately after your accident, you eliminate the risk of waiting too long to take legal action against the party that caused you harm. And that includes risking missing an important statute of limitations deadline.
Rick Kolodinsky, P.A. has been serving car accident victims in and around the Daytona Beach area for more than 30 years. Regardless of the cause of your accident, type of injury, and the damages you’re seeking, you can rely on Rick Kolodinsky to provide you with compassionate, top-notch service when you need it the most. Contact us online or give us a call today to schedule your free consultation.
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