Car accidents are not uncommon in Florida. Before 2018 ended, the state roads saw more than 3,60,000 car crashes. These accidents resulted in over 2,600 fatalities and 200,000 injuries. These injuries ranged between severe traumas to the brain and lifelong impairments to minor scrapes, scratches, and sprains.
Sadly, when we ask the residents of Florida if they have ever been in a car crash or if they have ever witnessed one, the answer is always a “Yes.” Several families in the state have lost family members to accidents that were the other party’s fault. If the accuser can prove the liability of the other party, he or she can receive compensation.
However, that can be a lengthy and complicated process. In Florida, car accident laws are not as straightforward as the victim of accidents would like them to be. Without the help of experienced lawyers from your locality, it might be challenging to navigate the legalities towards a well-deserved compensation.
Why should you pick a local law firm for representation during a car accident lawsuit?
Choosing a lawyer from your locality can have several advantages. They will always know the specifics of the accident. They can obtain information from local law enforcement more readily than law firms from another city or town. The legal team might also be able to focus on road conditions, weather conditions, and other specifics of the accident that teams from the outside might easily miss.
For example, if an accident occurs in Tampa, you should contact an experienced Tampa car accident lawyer. He or she can extract relevant information about the visibility, road conditions, and traffic conditions of the day the accident occurred. Moreover, a lawyer from the area of the crash will have a better understanding of the statute of limitations and any exceptions that might apply to your case.
What is a statute of limitation for Florida car accident litigation?
The statute of limitation implements a time limit during which a party involved in a car accident can take action. While statutes of limitation can act for both civil and criminal cases, the time duration between the accident and the legal action can vary between states.
What are the statutes of limitation in Florida for car crashes?
Florida has multiple statutes of limitation based on the different types of legal cases. When someone fails to file a claim within the stated period, he or she cannot file a claim against the liable party irrespective of the strength of evidence or witnesses.
- In case of personal injury claims within the state of Florida, a person can file a lawsuit within four years from the day of the accident. One of the most significant components of personal injury cases is negligence on the part of the accused.
- In the event of wrongful death, family or personal representative can file the claim of wrongful death within two years after the passing of the concerned victim.
- Poorly maintained road or faulty signaling systems may result in mishaps on the road. In such cases, the claimant has three years for filing litigation against the government department, office, or entity responsible.
- Sometimes, albeit rarely, car accidents are results of defective parts or machinery in the case of injuries that result from defective product manufacturing or assembly. Under the statute of limitations of the Florida law, the victims have only four years to file the claim against a corporate entity. However, in the event of wrongful death under similar circumstances, a two-year time limit applies.
- You might want to sue for the damage of property due to the accident. It can also include vehicular damage. In such cases, the claimant has a four-year statute of limitation for filing the damages claim.
When does the court extend the statutes of limitation in car accident cases in Florida?
However, there are certain exceptions to these statutes that only a lawyer in the Tampa area, FL would know.
i. When the defendant is unreachable
Sometimes, it may so happen that reaching or finding the defendant after the injury/accident becomes impossible. He or she might leave Florida for months or years. The availability of the defendant is critical for serving the papers of the lawsuit. Similarly, if the defendant “goes underground,” the court has no option but to extend the time duration during which the claimant can file the lawsuit.
ii. Catastrophic injuries
In the unfortunate case where the victim suffers serious injuries, the court offers seven years for filing legal action. It is common for victims that have to undergo extensive periods of hospitalization and recovery after an accident.
iii. False representation
People can go to different extents to avoid facing a lawsuit. In the case the defendant uses a fake identity, the court can extend the statute of limitation until the law enforcement locates the defendant and verifies of his or her true identity.
iv. Delayed discovery of injury or damage
Car accidents often bring shock and psychological trauma. It can result in the delayed discovery of the true extent of harm or injury of the victim. In such a case, the court might extend the time depending upon the nature of the injury and reasons for delayed discovery. It is more applicable to personal injury cases. However, the Florida court can extend the statute of limitations in case of delayed discovery in car crash litigations as well.
A particular case of delayed discovery
In cases of children or specially-abled people, who are dependent on caregivers or their guardians require an expert to file a lawsuit. The Tampa car accident lawyers are their best chances to receive the compensation they deserve. However, sometimes, they need additional time to find the correct representation. The court can consider this a special case of delayed discovery.
For example, the court can choose to extend the statute of limitation until the victim is an adult (18-years old). Or, the court can extend the time limit until someone is ready to file the claim on behalf of a mentally challenged person.
The statute of limitation of car accident cases in Florida is more complicated than you would like to believe. The help of expert car accident and personal injury lawyers is instrumental in filing the lawsuit and winning it in Tampa, Florida. If you have been a victim or if you know a victim of a car crash, don’t wait. Find the best car accident and personal injury law firm in your area to file a claim.