If you’ve ever been in an auto accident, you know they can be overwhelming experiences. There are a number of elements you must deal with, from potential injuries and vehicle damage to police reports and insurance claims. In the best situations, we can handle each of these steps and move on with our lives after a couple of weeks. However, occasionally an accident might be more serious and require you to take legal action.
A lawsuit allows you to bring a claim for damages suffered as a result of a car accident. These damages would compensate you for items such as hospital bills and car repair costs.
However, it is important to know that under Florida law, you do not have a limitless time period to file a lawsuit. Instead, your right to sue is dictated by a “statute of limitations” that gives you a set period of time within which a lawsuit must be filed. Statute of limitation laws depend on what state you’re filing a claim in, and in Florida it depends on the injuries that resulted from the collision.
In most cases, a driver, pedestrian, passenger or anyone else who was injured in an accident has a period of four years from the date of the accident to file a lawsuit. This is true whether you are filing for bodily injuries or property damage. If, however, a person was killed in the accident, a representative of their estate has only two years to file a claim for wrongful death against a defendant. This period of time begins to run from the date of the death, which is not always the same as the date of the accident is the person did not succumb to his or her injuries right away.
When you are injured in a car accident, it’s important for you to know and understand your legal rights. If you have questions about filing a personal injury claim, contact the dedicated Florida auto accident lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh.