What is the Statute of Limitations for a Florida Automobile Accident
Personal Injury Case?
A statute of limitations is the time period or deadline that an injured person is provided under the law to file a lawsuit for personal injuries sustained as a result of a particular incident.
If the case is not settled, a lawsuit should be filed to enforce the rights of the injured person assuming that the basic elements of the case can be proved.
Furthermore, a practical analysis should be performed for each case.
The evaluation includes the time involved, costs involved, and the likelihood of success in litigating a case for personal injuries.
Cases Against At-Fault Driver, Employer of Driver, and Vehicle Owner
Generally, a lawsuit must be filed within 4 years of the date of the Florida Automobile Accident to comply with the applicable statute of limitations.
The 4 year time period applies to cases against the at-fault driver, employer of the driver, and the owner of the vehicle.
It should be noted that this is a general rule. As such, there are exceptions to the general rule and an injury victim should not wait until the expiration or the near expiration of the statute of limitations to take action.
Cases Against Uninsured / Underinsured Motorist Insurance Carrier
Generally, a lawsuit must be filed within 5 years of the date of the Florida Automobile Accident to comply with the applicable statute of limitations.
It should be noted that Uninsured / Underinsured Motorist cases may also be based on the contract provisions.
Again, the general rule of law subject to exceptions and other circumstances requires an injury victim to file a lawsuit within 5 years from the date of the Florida Automobile Accident for a case against an Uninsured Motorist or Underinsured Motorist insurance company.
Cases for Wrongful Death
In the State of Florida, a wrongful death lawsuit must be filed within 2 years from the date of death.
As such, if a person dies as a result of a Florida Automobile Accident on the date of the accident, a lawsuit alleging the wrongful death of the victim must be filed within 2 years from the date of the Florida Automobile Accident rather than 4 years.
Just because a case or lawsuit is filed within the applicable statute of limitations does not mean the case is a strong or viable case.
It is important that the accident victim seek immediate medical treatment and then continue to receive consistent medical treatment following the Florida Automobile Accident.
Complying with the applicable statute of limitation is just one piece of the complicated puzzle that makes up a Florida personal injury case.
What Can You Do?
If you or a loved one has suffered an injury as the result of an accident and are concerned about the long-term emotional and financial consequences, you need to consult with a skilled personal injury attorney to learn about your options.
Our Jacksonville personal injury law firm will work to protect your legal rights and pursue rightful compensation for long term medical bills, wage loss, disfigurement, pain and suffering, emotional distress, mental anguish, and lost enjoyment of life.