In personal injury law, when you or a loved one have been injured or killed
in an accident or as a result of an illness, a metaphorical “clock”
starts ticking down. When it reaches zero, your right to pursue compensation
has all but disappeared. This is known as a “statute of limitations,”
and it’s a lot more limited than you might think. These limitations
vary from state to state, which means it’s important to know what
the limitations are in Florida law. Let’s take a look.
Injury or Death?
The statute of limitations for filing a claim depends on what kind of claim
you might be filing. Injury and wrongful death claims may be similar in
nature, but they’re actually quite different from each other and
as such they have different statutes of limitations.
For those who were injured as a result of the crash, you have
four years from the date of the accident to file your claim and be eligible to receive compensation. Because car
accidents can take a substantial amount of time to truly show the nature
of the injuries they cause, this is a pretty comfortable amount of time.
That being said, if you are injured, the longer you wait to see a doctor
and start pursuing your legal options, the more likely those responsible
will contend that your injuries were caused or contributed to by an outside
source. It’s strongly advised you don’t hesitate and start
seeking recourse as soon as possible.
If someone died as a result of the accident, the statute becomes more compacted,
but starts slightly later. Those who are eligible to file a wrongful death
suit have up to
two years form the date of the person’s death, which may or may not be different from the date of the accident itself.
It’s important to note that not everyone may file a wrongful death
suit. Generally only spouses, children, parents, or direct dependents
can file a wrongful death suit on behalf of someone killed in an accident.
Furthermore, these limitations apply equally to
all parties involved in the accident. This includes drivers, passengers, pedestrians,
cyclists, motorcycle riders, and anyone else who may have been directly
affected by an auto accident.
If you wait till it’s too late to file your lawsuit, the courts will
almost certainly toss your case out without much consideration. If your
filing deadline is fast approaching, it’s imperative that you reach
out to a Stuart car accident attorney today.
Call Lauri J. Goldstein & Associates, PLLC today at 866-675-4427 to request a case evaluation.