How long is it possible to file a lawsuit after a car accident?
You generally have two years to file a car accident lawsuit in Florida. This time limit for car accident lawsuits is set by the state’s statute of limitations on personal injury cases. Also, there may be exceptions that could shorten or extend that personal injury lawsuit deadline.
You could speak with a car accident lawyer in your area, and they can explain which laws may affect the car accident statute of limitations in your case. They can also investigate your accident, determine a fair settlement value, and negotiate on your behalf, but they can only do this if the statute of limitations hasn’t expired.
What Is Florida’s Statute of Limitations?
When you ask about the legal deadlines for filing car accident claims, you’re referring to the statute of limitations. There are numerous statutes of limitations for the many legal proceedings and disputes. For a car accident claim, though, we are referring to Florida Statutes § 95.11.
Personal Injury Statute of Limitations
If you have been injured in a car accident due to someone else’s negligent actions, then you would have two years from the date of the accident to file a personal injury lawsuit. This deadline would be found under Florida Statutes § 94.11(4)(a).
Wrongful Death Statute of Limitations
First, please accept our condolences for the loss of your loved one. We understand how difficult this must be for you and your family. If you wish to pursue legal action against the at-fault driver in your loved one’s accident, Florida Statutes § 95.11(4)(e) provides families two years to file a lawsuit.
Unlike personal injury lawsuits, the deadline begins when your loved one dies from their injuries.
Product Liability Statute of Limitations
If a defective part was the cause of your accident, such as the tires blowing out or the brakes failing, then that would also fall under Florida Statutes § 95.11(4)(a). Car and car part manufacturers are subject to strict liability, meaning the manufacturer is responsible for the products they design, make, and sell regardless of their intent.
Factors That May Extend Car Crash Legal Timelines
Certain exceptions can toll, or pause, a statute of limitation, per Florida Statutes § 95.051. These factors could include:
- The defendant flees the state
- The injured party is a minor
- The courts are closed due to a natural disaster
If you would like to know more about the statutes of limitations and the exceptions that affect your personal injury claim, a car accident attorney could help. They can also ensure that your case meets all legal deadlines.
What Does Your Lawyer Need to Accomplish in Those Two Years
Two years is not a lot of time when you consider the many things you need to accomplish to receive compensation for your accident injuries. When you also take into account that you will be recovering from your injuries, it can become a daunting endeavor for anyone. For these reasons, we recommend speaking with a personal injury attorney.
A personal injury attorney can handle the entire legal process of obtaining fair compensation for your losses, but they can only do this if you contact them before the statute of limitations expires. Retaining the right to file a lawsuit is the leverage your personal injury attorney will use when negotiating a fair settlement with the insurance companies.
If the statute of limitations in your case has not expired, your fort lauderdale car accident lawyer will use that time to complete the following tasks to build your car accident case:
- Investigate your accident: Your fort myers car accident lawyer’s legal team will gather evidence from the accident scene, the police report, and medical records.
- Calculate your losses: They will determine how much your car accident case is worth.
- Filing claims with all insurers: From their investigation, your Miami car accident lawyer will identify all liable parties in your case and file insurance claims with each.
- Negotiate a fair settlement: Your west palm beach car accident lawyer will represent your best interests. All communication and settlement offers will go through them, and they will advise you on your options.
- File a lawsuit: If you and your lawyer cannot reach a fair settlement offer, they will take your case to court.
Free Consultations and Contingency-Based Services
To help car accident victims, we offer free consultations. During your consultation, you can tell us your side of the events and ask any questions you may have. We also work on a contingency-fee basis, meaning you pay no upfront fees. We only receive payment if we secure a negotiated settlement or court award.
Call Today to Learn How Long You Have to File a Car Accident Lawsuit
At the Law Offices of Wolf & Pravato, we are dedicated to helping our clients recover and rebuild their lives after a car accident. We want to give you the chance to heal in peace without the unnecessary stress of filing a personal injury lawsuit. You’ve been injured by another and deserve compensation for your losses. We can help make that happen.Contact us today at (954) 633-8270.
