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 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 1-800-YOURLAWYER (1-800-968-7529).