The Statute of Limitations for Filing a Car Accident Claim in Florida
Florida is a no-fault auto insurance state, which means that in most cases, car accident victims are required to go through their own insurers when seeking compensation for accident-related losses regardless of who was actually at fault for the accident. There are, however, certain situations when injured parties are permitted to file lawsuits against those who caused their accidents. In most cases, this is only possible when one of the victims suffered a serious injury that resulted in permanent disability or disfigurement.
However, even injured parties who are able to satisfy these prerequisites can only file a car accident claim if they do so within a certain period of time, known as the statute of limitations. Plaintiffs who fail to meet this deadline will almost always have their claims barred by the court, which can have devastating consequences for the recovery process, so if you were injured in a car accident, you should strongly consider contacting an experienced auto accident attorney who can ensure that your own claim is filed properly and on time.
Filing a Car Accident Claim
Because Florida is a no-fault insurance state, many car accident victims are unable to file lawsuits following car accidents, even when they were not at fault, but must instead file claims with their own insurers. It is possible, however, to file a lawsuit based on a car accident in cases where the plaintiff suffered a serious injury, which includes:
- Permanent injuries;
- Significant and permanent scarring or disfigurement; or
- Significant and permanent loss of a bodily function.
Only when an injury meets this threshold will a car accident victim be allowed to file a claim against the at-fault party in court.
Car Accident Statute of Limitations
Even when a person’s injury qualifies as serious, he or she will still only be allowed to file a lawsuit in court if he or she does so before the statute of limitations expires. A statute of limitations sets a time limit for a plaintiff’s right to file a lawsuit and in Florida, the statute of limitations for filing a car accident claim in court is four years from the date of the accident in question. In most cases, plaintiffs who miss this deadline will have their cases dismissed by the court, although in rare situations, judges are willing to extend the deadline. This occurs most often in cases where a person’s injury did not manifest for weeks or months after an accident occurred, in which case, a court could agree to extend the statute of limitations.
Contact Our Fort Lauderdale Auto Accident Attorneys Today
To speak with one of the experienced Fort Lauderdale auto accident attorneys at Boone & Davis about filing your own claim, please call 954-566-9919 today. You can also reach a member of our legal team by completing and submitting one of our brief online contact forms. Initial consultations are offered free of charge, so please don’t hesitate to call or contact us online today.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
