Motorcycle Accident Statute Of Limitations
The specific statute of limitations that apply to motorcycle accidents in Florida vary depending on whether the accident caused a fatality. It also depends on the party named in the lawsuit.
- Motorcycle accident injury claims have a deadline of four years from the date of the motorcycle accident. Only in rare cases will the court make an exception.
- Wrongful death claims caused by motorcycle accidents have a deadline of two years. The law in Florida allows surviving family members to file a claim for wrongful death if they have lost a loved one in a motorcycle accident.
- In motorcycle accident injury claimswhere the defendant is a government entity, the plaintiff has a period of three years to file a case. If a driver in a government vehicle is at fault, the lawsuit will be against the associated government agency or subdivision.
- Product liability injury claims based on faulty bike parts like fuel tanks, throttles, or tires have a deadline of four years. When the defect leads to an injury, the statute of limitations is four years and two years in case of a fatality.
- If you want to sue for property damage caused by a motorcycle accident, you have four years to take legal action.
Floridas Statute Of Limitations For Personal Injury Claims
When it comes to going after compensation for a personal injury, no one wants to wait longer than necessary. But the reality is it could end up on the back burner while youre juggling treatment and your everyday life. Or it may have taken weeks or months to realize the extent of your injuries. While it is always in your best interest to pursue a case as soon as possible, the law does allow some leeway.
Florida Comparative Negligence Rule
The comparative negligence rule is when the law attempts to allocate fault proportionately to each party involved in an accident.
For instance, if a person sues another for damages, the defendant may raise the comparative negligence rule to argue that the accident victim shares some responsibility in the accident and must bear some of the costs.
For example, imagine Suzanne and Mary get into an accident where Suzanne is allocated 75% of the responsibility and Mary 25%.
If Marys damages amount to $10,000, this means that Suzanne would be accountable for $7,500 and Mary for $2,500.
In Florida, the courts follow a pure comparative negligence rule where they take the victims total damages and reduce it by the persons share of responsibility.
In our example, Mary will be entitled to receive a total of $7,500 instead of $10,000.
Don’t Miss: How To Increase Personal Injury Settlement
When Does The Statute Of Limitations Clock Start
The “statute of limitations clock begins ticking on the individual facts of each case.
The statute of limitations applies to all cases, but there are some exceptions.
When the clock starts ticking down:
- Date of injury
In most cases, the statute of limitations will begin when an accident occurs. This includes the day you were involved in an accident or the day you were injured on anothers property.
For some people, they may not fully realize that certain events caused them harm or damage. This happens in cases like those involving medical malpractice.
In cases like these, the statute of limitations starts when injuries are “discovered.” As well as the link between an underlying wrongful act and their damages.
Some cases involve victims who want to prevent an event or situation from moving forward. This is a toll, which temporarily suspends the statute of limitations.
In some instances, pausing a claim can happen when a victims mental competence is in question.
How Long Do You Have To File Your Personal Injury Case In Florida
Serious injuries cause disability, loss of income and even death. When the injuries suffered were due to negligence, it is only fair the injured person gets compensated. According to the National Safety Council , an American is injured every second by a preventable incident.
The good news is that under , you can sue the party responsible. However, you have a limited window to file the lawsuit. This time limit is known as the statute of limitations.
Here is a complete guide to the Florida statute of limitations for different
Don’t Miss: Personal Injury Lawyer Freehold Nj
Understanding Why The Florida Statute Of Limitations For Personal Injury Might Be Tolled
Florida law outlines some of the reasons for tolling the applicable filing deadline.
Potential examples include:
- The injured party is deemed mentally or physically incapacitated, such as a temporary mental illness or unable to communicate due to the injury.
- The defendant left Florida sometime after the accident but before the injured party filed a lawsuit.
- The defendant attempted to conceal their identity in Florida, such as changing their name to avoid the lawsuit.
Your attorney can explain whether any of these circumstances impact your case.
What Is The Wrongful Death Statute Of Limitations In Florida
Floridas wrongful death statute of limitations is typically two years from the date of death. After two years, the deceaseds survivors and loved ones cannot sue for wrongful death. Individuals who seek to bring a wrongful death suit to court should consult an attorney. Florida does make exceptions for the standard wrongful death statute of limitations. An attorney can access an individuals case to determine the relevant statute of limitations and provide guidance.
Recommended Reading: Personal Injury Settlement And Medicaid Eligibility
How Long Do Florida Plaintiffs Have To File A Civil Personal Injury Claim
The answer to this question depends, in part, on whether your case is based on negligence or not.
For Florida personal injury cases that are founded on negligence, the statute of limitations is 4 years. , and cases all have a 4-year statute of limitations.
Civil injury cases that are NOT based on negligence have a 2-year statute of limitations. , assault and battery and are examples of other cases that have a 2-year statute of limitations.
Product liability cases may have a statute of limitations of 2 or 4 years, depending on the case.
Contacting a Florida personal injury attorney as early as possible can help plaintiffs maximize their opportunity to receive the compensation they deserve.
What Is The Statute Of Limitations For Personal Injury Claims In Florida
Whether you have been involved in a car accident, a slip and fall or any other accident where someone elses negligence caused you harm, it is crucial to understand and comply with the statute of limitations if you are thinking about filing a personal injury lawsuit in Florida. If you need to know more, please read on for more details, then contact a skilled Broward County personal injury attorney to learn what is the statute of limitations for personal injury claims in Florida.
How Does The Statute Of Limitations Work
Statutes of limitations are laws dictating how long after a certain event occurs that an individual can open or try a case in court. If the statute of limitations has passed, an individual can no longer file a claim in court. Statute of limitations aim to ensure fairness and protect the integrity of the case. Over long periods of time, evidence and memories can erode, comprising a fair trial. Statute of limitations help ensure cases are tried in a fair and timely manner.
Statute of limitations can vary by state. To find the statute of limitations for Florida in particular, all statute of limitations for the state of Florida can be found here.
Actions Against State Or Government Entities
Civil actions filed against a state or government entity usually have a four-year statute of limitations. The statute of limitations for wrongful death lawsuits against state or government entities has many requirements and exceptions. Thus, plaintiffs must consult an attorney to determine a specific cases statute of limitations accurately.
Also Check: Hyperextension Of The Knee Injury
Standard Statute Of Limitations Personal Injury
Legally speaking, when a person suffers damages or injuries, the law will set out a certain timeline within which the person must file a legal action or lawsuit against the party at fault.
Thats referred to as the statute of limitations.
Like all other states, Florida has statutes of limitations governing the deadlines within which a person must file a lawsuit in a civil court for personal injury.
The general statute of limitations for personal injury in Florida requires that you file a personal injury lawsuit within four years from the date of the accident %20An%20action%20for%20professional,the%20exercise%20of%20due%20diligence.” rel=”nofollow”> Section 95.11 of the Florida Statutes Annotated).
However, you must keep in mind that different laws may impose other deadlines for filing a lawsuit depending on the nature of the injury or accident.
For example, in Florida, medical malpractice laws have a different statute of limitations than the general personal injury cases.
Its also worth mentioning that you may suffer an injury that appears after the accident in some cases.
In certain cases, the statute of limitations deadline can be extended.
Well go over that later in this article, so be sure to keep reading.
What Is Meant By The Term Statute Of Limitations
The statute of limitations is a piece of legal terminology which, in injury law, describes the amount of time that can pass between an accident or injury and the raising of a claim or injury lawsuit.
This period will vary depending on your state. However, in all states, the period of time will begin from the date that the accident or injury occurred.
For a free legal consultation, call
You May Like: Chances Of Walking After Spinal Cord Injury
If Your Family Suffers A Wrongful Death
Wrongful deaths are far too frequent. They happen in traffic, on the job, and anywhere that someones negligence causes someone elses death. In a worst-case scenario, you or someone you love could be taken suddenly and abruptly because another person was negligent.
As difficult as it will be at a time of grieving, if you lose a child, a parent, or a spouse because another person was careless, its important to meet as soon as you can with a wrongful death lawyer who can discuss your familys rights.
The statute of limitations for Florida wrongful death actions is only two years. Exceptions are rare. Wrongful death claims in Florida may only be brought by the personal representative of the decedents estate.
If no personal representative is designated in the will, a representative will be designated by the court. Wrongful death claims may be pursued on behalf of a decedents estate and the surviving immediate family members.
What Are Considered Personal Injuries In Florida
The sooner your attorney can start working on your case, the better. If you wait four years and try to take action at the last minute, you are not likely to succeed. What injuries are deemed personal injuries governed by the four-year statute of limitations? Some examples would be:
Injuries that involve boating mishaps, dog bites, and accidents in swimming pools are also governed by Floridas statute of limitations for personal injury cases.
If a personal injury claim is not filed within the four-year timeframe, a Florida civil court may decline to hear your case, but the law allows for several specific exceptions.
For instance, if a victim of negligence does not discover an injury until well after the incident that caused that injury, the statute of limitations may be extended. In such cases, an injury victim will need an attorneys personalized advice.
Statute Of Limitations For Miami Personal Injury Cases
When it comes to the many different types of accidents that can fall under the personal injury umbrella, there are many, such as dog bites, slips and falls, and car accidents, each of which can result in permanent injury.
For Miami residents who are unlucky to fall prey to these types of incidents, they can find some sense of solace in knowing that at the very least the legal system provides an avenue for recovering expenses for medical bills and other damages including pain and suffering through civil lawsuits.
That being said, it is important to keep in mind that there is a statute of limitations within which a civil lawsuit can be filed in any particular case. A Miami injury attorney can best advise you on how the statute of limitations applies in your situation. En Español.
When Does Floridas Statute Of Limitations Clock Start
The statute of limitations clock generally begins at the date of injury. Plaintiffs who file a claim after the expiration of the statute of limitations typically lose their legal right to file suit for compensation. In some cases, the plaintiff may not become aware of the injury until after the date of the incident.
Plaintiffs in medical malpractice and sexual abuse or assault cases are among those who most often discover their injury later on. If a plaintiff reasonably discovers their injury, Florida courts may determine that the statute of limitations clock begins at the date of discovery instead of the date of the incident.
In other cases, a Florida court may toll the statute of limitations, if circumstances beyond the plaintiffs control prevent the case from moving forward. Examples of these situations include cases in which the defendant flees the jurisdiction, a natural disaster results in government office closures or if the plaintiff temporarily becomes incapacitated or mentally incompetent.
Also Check: Personal Injury Law Fairfax Va
What Is A Personal Injury Lawsuit
When injuries cause damage and costs, the injured party can file suit.
Personal injury is a type of tort lawsuit. This is when the person who files is the “plaintiff,” and the person who caused the suffering is the “defendant.”
Injuries and their causes can range from:
- Dog bites
- Healthcare provider
The “defendant” can be your neighbor, doctor, or nursing home caregiver. When negligence causes harm, the injured person can take legal action.
A “plaintiff” can contact a Tampa, Florida, law firm to receive a free consultation. Personal injury lawyers can also provide guidance and legal advice.
If the personal injury attorney believes the legal case is valid, they will file a claim.
Building a strong case depends on the type of injury and its causes. If a person’s injuries come from a car accident, they may need to take different steps.
In this case, personal injury lawyers need to contact insurance companies for information. In another case type, they may not need to consider this step at all.
That is if the timeframe to file a claim has not run out.
To ensure there is no time limit on when a personal injury attorney can file a claim, seek a free case evaluation.
Do Florida Personal Injury Lawsuits have a statute of limitations?
The answer is, yes.
What Happens If You Miss The Deadline
Now that you know if you have any personal injury lawsuit in Florida you have to make sure that it is filed within the four years stipulated time. However, as you might know already, it is not possible that everyone will be able to file their lawsuit as stipulated in the Florida statute of limitations.
As such, you might also want to know what exactly should happen in such a case. You never know, maybe you will ever find yourself in such a case and try to look for a way around and about the same issue.
If you try filing your lawsuit beyond this time then there is a high chance that it will not go through. Why this you might want to know, well it is because of many factors. One filing your lawsuit beyond this time will mean that you will actually have the same lawsuit dismissed because of this very reason.
As you file your lawsuit beyond this time, there is every possibility that the plaintiff will argue against your case using the same provisions of the Florida statute of limitations. This way, your case will be thrown out based on these grounds which are very firm.
You May Like: Exercises To Avoid With Mcl Injury
Exceptions To Floridas Statutes Of Limitation
Floridas statute of limitations clearly outlines the deadlines for taking legal action in a car accident situation, but there are exceptions to these timelines. And thats where a knowledgeable attorney can help.
- Availability of the defendant. Since filing a civil suit requires serving the papers in person, if the defendant has left the state, has gone into hiding, or is otherwise unavailable, the clock will stop.
- False representation. If the defendant assumes a false identity to avoid the suit, the timeline will be extended until he or she is found.
- Catastrophic injuries. If the injured party is in such a horrible state that they cant file charges right away, Florida allows for a 7-year period to take legal action.
- Delayed discovery. The statute of limitations may be delayed if the injured party doesnt realize their injuries until a later date. While not common in car accidents, it is possible.
Contact An Accident Lawyer Right Away
If youre hurt in a car accident in Florida, its in your best interest to get your claim started as soon as possible. The more time your attorney has to prepare your case, the better your odds of securing the best possible outcome.
If you wait and the statute of limitations expires, you will lose your right to file a lawsuit.
Also Check: Ac Joint Injury Recovery Time
Determining The Time Frame
If you have been significantly injured or know someone that has been killed in an accident resulting from the negligence of another, you should contact a Miami personal injury attorney to discuss the case.
In doing so, they will advise you of the specific statute of limitations most relevant to your particular case and any potential avenues that can be pursued to recover medical expenses, funeral costs, and compensation for pain and suffering you and your significant others may have sustained.