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.