Statute of Limitations for Car Accidents in Florida

Statute of Limitations for Car Accidents in Florida

On Behalf of Rosenthal, Levy, Simon & Sosa | February 18, 2023 | Car Accidents

Under the legal doctrine called the statute of limitations, an injury or accident victim must take legal action within the limitations period or time limit. If the person fails to do so, their claim will be forfeited, and they will lose their legal right to sue the party that injured them.

All states have their own time limits for bringing lawsuits, requiring any cause of legal action or personal injury claim to be filed with the court within a certain amount of time following the accident or injury. In Florida, people who have suffered injuries and other damages in motor vehicle accidents are given four years to file their lawsuit against the negligent driver or party that injured them.

What’s The Use of The Statute of Limitations?

The statute of limitations is meant to help ensure that people present their cases within a reasonable time in court. It also helps prevent them from dealing with the challenges of litigating a case that happened years or decades ago. Likewise, setting a time limit ensures that critical evidence doesn’t get lost over time.

Keep in mind that lawsuits must go through various steps before they can be filed. It’s also vital to investigate the accident right away to avoid minimizing the full worth of your claim. For example, it’s possible for some pieces of evidence to be destroyed or misplaced. Also, locating witnesses may be difficult, and their memory of the accident might change over time. 

Can The Statute of Limitations Be Extended?

Florida law provides different situations that can pause or toll the clock of the statute of limitations after it has started counting down to the four-year deadline, which effectively extends the filing deadline. Below are examples of scenarios that may extend the four-year deadline for filing a personal injury suit:

• The defendant deliberately concealed themself or changed their identity or name to avoid being served with documents about the case or a court summons.
• The defendant left Florida after the car accident and before the plaintiff could file a lawsuit.
• The injured party had been found legally incapacitated at the time of the car accident. For example, they have a permanent or temporary mental illness. However, seven years should not have passed between the accident date and the filing of the suit, so the extension deadline under this exemption isn’t open-ended.

Get In Touch With a West Palm Beach Car Accident Attorney Now

If you or a loved one has suffered injuries and related losses in a car crash due to a negligent party’s actions and have not missed the statute of limitations for suing the negligent, you may be eligible to seek damages. For legal guidance on how to navigate the situation and how the statute of limitations will apply to your specific case, contact the West Palm Beach car accident attorney at Rosenthal, Levy, Simon & Sosa today.

You can set up your complimentary case evaluation with our West Palm Beach car accident attorney by calling our office at 561-478-2500 or sending us an online message.

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