If you have ever been in an accident, you may know that all of the issues may not arise immediately. It could take moths or even years for an injury to rear its ugly head. Also, what happens if the repairs to your car are not done correctly and pop back up later on? Can you still sue the party responsible for the accident? The answer is, it depends. There are statutes of limitations for all civil suits including one involving a Florida accident injury. This article will explain what the statute of limitations are in different scenarios and what legal recourse you may have.
Statute of Limitations
The statute of limitations is how long after something like a car accident occurs in which you can file a lawsuit. There are different statutes for civil offenses as well as criminal charges. The purpose is to create a level of fairness in legal proceedings. Allowing someone too long to file a lawsuit could result in an unfair advantage in court. Similarly, allowing too short of an amount of time could mean that “victims” could get less compensation than they deserve.
The civil statute of limitations is set by each state for each type of case. Florida’s laws are in line with most other states. Depending on the type of lawsuit they range from two to four years. The clock usually starts ticking at the time of the incident. However, there are some exceptions to this rule like medical malpractice cases. In medical cases, the statute of limitations starts counting down when the victim discovers the medical issue.
Florida Civil Statute of Limitations
There are different laws for the length of time you have to bring a lawsuit against the responsible party, depending on the type of lawsuit. These are the statute of limitations for lawsuits relating to car accidents.
Statute of Limitations for a Damage to Personal Property
In Florida, you can file a lawsuit for injury to personal property for up to 4 years. This covers damage to a vehicle or any other personal property. So, this means that if you have a mechanic fix your car at the time of an accident and the problem presents itself again in the next four years, you could file a lawsuit for damages. This statute also covers damage that may occur if a vehicle runs into your house or business.
Statute of Limitations for a Florida Accident Injury
The statute of limitations for a Florida accident injury is also four years. A personal injury claim can include damages for medical expenses, lost wages, and pain and suffering. However, your insurance covers the first $10 thousand of medical expenses related to a Florida accident injury. Anything over $10 thousand you can sue the responsible party for.
This statute means that you have up to four years from the time of the accident to file a lawsuit against the responsible party. So, if you have medical issues that only present themselves, later on, you can still receive compensation. You should still seek immediate medical attention for a Florida accident injury. Make sure to keep detailed documentation about any medical procedures that you have and any time that you miss at work. The more details you can provide, the more likely you are to receive the compensation you deserve.
What You Should Do After an Accident in Florida
After an accident, immediately call the police. You need to make sure that you get a copy of the police report. These reports usually include information on which party was at fault for the accident. You should never take the other person’s information and go on about your day. You need to make sure that there is a record of everything. A person can easily change their story after the fact while talking to insurance companies or the court. Don’t trust the other party to be truthful.
If you sustain an injury from the accident, you should seek medical treatment immediately. Save any medical records for later use. If your car sustains any damage keep records of the repairs that are made.
Lastly, if you sustain a Florida accident injury contact an attorney immediately. The attorneys at Silver and Silver specialize in civil litigation relating to car accidents. They will use their years of experience to get you the compensation that you deserve. Contact Silver and Silver today for a free consultation and find out what your legal options are.