If you have been injured in a truck accident, you may be eligible for financial compensation under Florida law. There is a time limit during which you must file a lawsuit, or else you risk losing your right to collect damages. This is called truck accident statute of limitations in Florida, and you should know your rights.
Statutes of limitations differ from state to state. It is important to understand the limitations of your state for car accidents and personal injury law so you don’t accidentally miss your opportunity to collect damages.
For professional assistance, contact Lytal, Reiter, Smith, Ivey & Fronrath for a free, no-obligation consultation. We will ensure that you understand the details of Florida’s truck accident law and know how to prepare a successful case for your claim.
Don’t miss out on collecting money you’re owed. Call us today.
What are statutes of limitations?
Statutes of limitations are a legal time restriction during which a claim can be filed in court. In Florida, victims of personal injury and auto accidents have a limited period of time where they can file a civil claim before the statute of limitations expires. After this period, they will be unable to present their case in court, regardless of their proof or justification.
Statutes of limitations are important in the legal system. They ensure the right to a timely trial and ensure that the claim is filed while there is fresh evidence. Over time, evidence can be corrupted or lost. Witnesses can forget or misremember details, skewing the results of the case.
The more time that passes between an event and the legal case, the more likely it is that justice will not be served. Statutes of limitations exist to prevent this miscarriage of justice through deteriorated facts and degraded evidence.
Waiting to file your claim actually benefits the defendants. The longer you wait to file, the more likely they are to win. This is because there is more time for the evidence to be misconstrued or distorted. To protect your rights to a fair trial, you should pursue your claim as soon as possible following your truck accident.
Florida’s Truck Accident Statute of Limitations
The statute of limitations on filing a truck accident case in Florida is four years from the date that the accident occurred. This is the same limitation for any form of personal injury or other automobile accident, which means that you can file your property claim and your injury claim in the same period.
However, if the truck accident led to the loss of a family member, you may be entitled to sue for wrongful death. Florida has a shorter statute of limitations for severe negligent acts, such as medical malpractice and wrongful death.
In this case, you must file your claim within two years of the date of the accident. It is vital that you contact a truck accident lawyer in Florida as soon as possible following a wrongful death accident. They will need to begin preparing your case for trial as soon as possible to ensure that you file your claim in time.
At Lytal, Reiter, Smith, Ivey & Fronrath, we believe that every claim filed is a step closer to a safer society. By forcing those responsible to pay for their negligence, you deter them from ever repeating their mistake. It also shows society that this negligence is not tolerated, preventing others from doing the same.
You’re not just protecting yourself when you file a legal claim for a truck accident, you’re helping society.
Claims Against a Government Entity
If your truck accident was caused by improper road maintenance, poor city planning, or broken traffic signals, you may need to sue a government entity to collect damages. The government may be responsible for your accident if:
- The other driver was a government employee or in a government vehicle
- A large pothole caused the accident
- A tight turn caused a vehicle rollover
- Poorly paved roads led to a tire blowout that caused the truck accident
When a government agency is a defendant in a personal injury case, you must file your claim within three years of the accident.
You will need to serve the agency and/or individual responsible with a notice of the claim. Include details of the losses you are claiming and the accident itself. Once you have served this notice, you will need to wait 180 days for an inspection to be done before you can file your lawsuit. The 180 days is waived if the government entity formally denies your claim. In this case, you can proceed with your lawsuit immediately.
Avoid Issues About Truck Accident Statute of Limitations in Florida
It is key that you remember the deadline to file your claim for a truck accident. The longer you wait, the more likely you are to forget to file within the four-year statute of limitations. It will weaken your case and potentially revoke your ability to collect compensation.
Our expert truck accident attorneys in Florida recommend that you contact a lawyer to discuss your claim as soon as possible following the accident. The sooner you begin to pursue a legal claim, the better your chances of winning and collecting higher compensation.
This is in part due to the assistance of an attorney who can help you collect evidence while it is fresh. They will know what type of evidence is most valuable in your case, contact witnesses for fresh statements, and ensure that you know what evidence to be maintained throughout the process, such as medical bills.