Statute of Limitations in the Case of a Florida Car Accident
We were recently asked by a potential client, "Is there a statute of limitations for a car accident lawsuit in Florida?" The situation was unfortunate: she had been hurt in a car accident years prior. While she had hired a lawyer initially, it didn't work out, and she ended up waiting. She was treated for her injuries and did many of the other things she needed to do after an auto accident. But time passed—in this case, too much time.
What Is a Statute of Limitations?
First of all, what is a statute of limitations? For those who aren't necessarily well versed in that sort of legal language, a statute of limitations is nothing more than a law that sets a limit on the amount of time a person has to file a lawsuit. Each state has different statutes of limitation.
In Florida, the statute of limitations is determined by whether or not the accident resulted in injury or death. If someone was injured in the car accident, whether it was a driver, a passenger, a pedestrian, or a motorcycle rider, that party has four years to file a lawsuit. If, however, a person died in the car accident, then that person's family has two years under the statute of limitations to file a lawsuit.
Are There Exceptions to the Statute of Limitations for Car Accidents?
What happens though, if someone tries to file a lawsuit after the statute of limitations has passed? That was the situation the woman who came to visit us recently experienced. If too much time has passed and the statute of limitations has run out, the court will very likely refuse to hear your lawsuit. You may ask, "What if my injury is catastrophic?" The deadlines remain clear: four years for an injury case, and two for a wrongful death case.
That’s why it's crucial to know these things and not let too much time pass before taking legal action. A good Florida accident lawyer can help you keep an eye on the statute of limitations and make sure that you don't find yourself in the unfortunate situation of being past the deadline.
Want to Discuss Your Auto Accident Case? Call Us Today
It's natural to have questions after a car accident. The attorneys at the Law Offices of Joseph A. Bosco can answer them. One of our lawyers would be happy to sit down and talk with you about the statute of limitations in your case and how it applies. Give us a call today to discuss your case and learn how we can help.