Founding Partner
You must preserve your rights to receive compensation in the aftermath of a car wreck in Florida. Although you are likely dealing with painful and traumatic injuries (both physical and psychological), you are not permitted to wait until these wounds heal before seeking monetary damages to pay for the costs of these injuries. Nor are you able to delay in filing a lawsuit until after you have seen what affects you experience from your Florida car wreck-related injuries five or ten years after the crash has happened.
This is because all states, including Florida, have passed one or more statutes of limitations that restrict an injured driver’s or passenger’s ability to file and pursue a claim for compensation if a significant amount of time has transpired between the date of the car wreck and the time the person begins his or her car crash lawsuit. Knowing what the statute of limitations is in Florida and how it operates can help you take timely action in the event you or your loved one is hurt in a Florida crash.
There are several “statutes of limitations” in Florida; the specific type of case that a person seeks to file will dictate which of these statutes of limitations will apply to that person and that lawsuit. Florida Statute Section 95.11(3)(o) is the citation to the specific statute of limitations that applies in cases of car wrecks.
This statute states that individuals hurt in a Florida car wreck have four years within which to commence a car wreck lawsuit. One can think of this statute as creating a timer or “countdown clock” that starts to run on the day a car wreck occurs. If a lawsuit seeking compensation for injuries stemming from that car wreck is not filed with the court and the allegedly-responsible person is not served with a copy of your claim, then you will generally be prohibited from obtaining any compensation at all from the responsible party.
Florida drivers already know that Florida is a “no-fault” insurance state. This means that a claim for compensation for injuries suffered in a car wreck must be submitted to your own insurance company for payment. You should know, however, that Florida’s statute of limitations for car wrecks does not give you any additional time to first seek compensation from your own insurance.
For example, if you are hurt in a car wreck in Jacksonville on July 1, 2018, and you suffer permanent scarring as a result of your injuries, you will only have until July 1, 2022 to prepare and file your car wreck injury lawsuit with the court. This is true even if you first file a claim with your own insurance company and it takes them six months to pay part of your claim.
Statutes of limitations are, generally speaking, construed and applied strictly against the injured plaintiff. This means that there are few circumstances under which you can obtain additional time to start the civil recovery process.
If you do not file your lawsuit before the statute of limitations expires, the defendant (the person who injured you) will likely be able to obtain a dismissal of your case and you would not receive any compensation at all. In order to obtain an extension of the statute of limitations, you would be required to produce evidence to the court showing that:
There may be other situations and circumstances under which you can obtain an extension of the statute of limitations; however, the far better course of action is to plan to have your lawsuit started long before the four-year limitation is close.
Parker Waichman LLP will help ensure your car accident case is prepared and submitted in compliance with Florida’s strict statute of limitations so you can concentrate your energies and resources on recovering from your injuries and regaining control of your life. Contact Parker Waichman LLP as soon as possible to discuss your Florida car accident case by calling 800-968-7529.
Parker Waichman LLP
If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.
Our law firm is ready to represent you in your injury case. We’ve helped many New York residents as well as those needing help nationwide. Contact our team for a free case consultation today.
I had a great experience with them , everyone was very helpful and sweet.
Michelle Murphy
4 months ago
Zarahi was very professional and very Quick and very knowledgeable i realy appreciated her patience and perseverance she Deserves 100 stars 🌟 but since i can only send 5 i Guess i will just have to send that truly yours Rashine Downs
Kush Three
6 months ago
VERY NICE WORK PLACE THEY HAVE BEEN GOOD TO MY MOM
Whitney Brinson
5 years ago
They treated me with tender love and care
Terrell Weaver
2 months ago
Wonderful people. They made the whole process if dealing with a gov’t agency so easy. Special compliments to Gina Viti
Michael Ross
2 months ago
I’m a 9/11 first responder, and I can honestly say that Parker Waichman made me feel like they had my best interest in my VCF case. Ms Candalino & Ms Viti are top notch in my book. I was constantly informed on the status of my case. I would definitely recommend Parker Waichman LLP to family and friends.
D D
6 years ago
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
Parker Waichman LLP
27299 Riverview Center Boulevard, Suite 108
Bonita Springs, FL 34134
We handle mass torts cases nationwide. Please contact our office to learn more.