The statute of limitations for car accident claims is generally two years from the accident date. However, in some cases, the statute of limitations may be “tolled,” extending the time you have to file a car accident lawsuit.
While two years may sound like a long time, you should hire a car accident attorney as soon as possible. Gathering evidence and building a case takes a long time, and missing the filing deadline for your personal injury claim may prevent you from seeking or securing all the compensation you deserve.
When Can the Statute of Limitations Be Tolled (or Suspended)?
Florida Statutes § 95.11 sets the statute of limitations for personal injury and wrongful death lawsuits in Florida at two years. However, the Florida Bar explains that “tolling” the statute of limitations means suspending or interrupting it. In other words, tolling the statute of limitations in your case means the clock temporarily stops ticking on your filing window.
The statute of limitations for your car accident lawsuit may be more than two years if:
- The responsible party is outside the state of Florida.
- The defendant is hiding so that you or your personal injury lawyer cannot serve them with notice of a lawsuit.
- The defendant has misrepresented their identity, which makes it difficult to proceed with legal proceedings.
- The accident victim is incapacitated.
- The injured person is a minor.
Other circumstances may warrant tolling the statute of limitations. Your Fort Lauderdale car accident attorney can help you seek the tolling of your lawsuit’s time limit, if necessary.
What Happens If I Miss the Statute of Limitations for My Car Accident Lawsuit?
If you miss the statute of limitations for your auto accident claim , you may be unable to file a personal injury lawsuit against liable parties. This could mean:
- You are at the mercy of any coverage limits imposed by auto policies.
- Your lawyer may lose significant leverage in negotiations with insurance companies.
- You may have to accept the insurance company’s offer, which may not cover your accident-related losses.
When you hire a personal injury attorney, they will identify the filing deadline and work to submit your claim before the statute of limitations expires. If you are close to missing the statute of limitations, your lawyer can seek the tolling of the deadline. This may allow you to file your case if you qualify for an exception to the general statute.
Hire a Car Accident Attorney As Soon As Possible to Avoid Missing the Filing Deadline
There are many reasons to hire a car accident lawyer, and the need to file your case on time is one of them. Your attorney will:
- Begin drafting your personal injury or wrongful death claim as soon as possible
- Ensure the claim is error-free and detailed to prevent unnecessary delays
- File the claim in the appropriate court as soon as possible
A lawyer’s knowledge of the legal system, resources for drafting legal documents, and urgency will ensure they file your case before the statute of limitations. If you have not allowed your lawyer enough time to file your claim before the deadline expires, they can investigate tolling the deadline.
Filing Your Case Is One of Many Ways a Car Accident Lawyer Can Help
Complying with the statute of limitations is just one of many responsibilities your car accident lawyer will handle. You can also expect your attorney to:
Secure All Evidence Related to Your Car Accident
Your attorney will secure all evidence that proves who caused your accident, including:
- Eyewitness testimony
- Experts’ testimony about fault
- Video footage of the accident
- Photographs of vehicle damage
- The police report detailing your collision
This evidence will be key to your case’s success. Allow your motor vehicle accident lawyer to identify and collect evidence, as their experience and eye for important evidence will be helpful.
Document Your Accident-Related Damages
Your attorney and their team will document your accident-related damages with evidence such as:
- Medical bills
- Medical records
- Images of injuries
- Invoices for repairing your car
- Proof of lost income
- Expert testimony about your pain and suffering
This documentation will prove your damages to insurance companies or civil defense lawyers.
Negotiate for a Fair Settlement
Allow a lawyer (an experienced negotiator) to demand fair compensation for your losses. They will organize evidence of fault and documentation of your damages into a cohesive case file.
Go to Trial, if Necessary
If the at-fault party’s insurance company doesn’t offer the settlement you deserve, your attorney may advise you to go to trial. Your lawyer will lead your fight for compensation in the courtroom.
Call the Law Offices of Wolf & Pravato Today for a Free Car Accident Claim Consultation
A Fort Lauderdale car accident lawyer from our team will seek compensation for your medical expenses, pain and suffering, vehicle repairs, and other economic and non-economic damages. We will work urgently to take appropriate legal action and file your car accident lawsuit before the statute of limitations expires.
We cannot file your case until we speak with you. Call the Law Offices of Wolf & Pravato today at (954) 633-8270 for your free consultation.
