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Does Florida Have a Statute of Limitations for Car Accidents?

Car Accidents


Our Fort Walton Beach Car Accident Lawyers Help You Meet the Deadlines

Many people in Fort Walton Beach get confused by the term “statute of limitations”—and with good reason. The statute of limitations establishes a deadline for taking legal action against someone and there are many different deadlines, depending on the type of legal case involved.

Because the statute of limitations is so important to a case, Fort Walton Beach car accident lawyers work to ensure compliance as one of their main goals. Read on to learn more about how the statute of limitations works in car accident cases.

What Exactly is a Statute of Limitations and Why is it Important?

A statute of limitations is a time limit set by the legislature that provides the timeframe for filing a lawsuit in court. You may sometimes hear it referred to as a “prescriptive period.”

Fort Walton Beach car accident lawyers pay close attention to the statute of limitations that applies in a particular situation because after the limitation period ends, it can be virtually impossible to file a claim. If you try to file after the deadline has passed, the court will dismiss the claim unless there are unusual circumstances or the deadline has been extended for some reason.

Generally, missing the statute of limitations deadline also prevents you from receiving a settlement out of court after a car accident. Since you would not win a case in court, the other party has no incentive to pay to settle the claim.

Fort Walton Beach Car Accident Lawyers Expect a Two- or Four-Year Limitations Period

The Florida legislature created different statute of limitations periods for car accident cases depending on the results of the accident. If someone alleges that another person drove irresponsibly and injured them in a car accident, they would generally have four years from the accident date to prepare and file a claim in court. Car accident lawyers in Fort Walton Beach handle this type of claim frequently under the doctrine of negligence.

However, if someone is killed in a car accident and the family sues for wrongful death, a different statute of limitations applies. The wrongful death statute of limitation is only two years, so it is especially critical to gather evidence and prepare claims without delay if death has or is likely to result from a car accident.

When considering the statute of limitations, it is important to pay attention to when the limitation period begins to run. For an injury case, the clock starts ticking at the time of the accident. In wrongful death cases, the period starts at the date of death.

To Avoid Problems with the Statute of Limitations, Contact Fort Walton Beach Car Accident Lawyers as Soon as Possible

The statute of limitations is critical to recovery in a car accident case, but it is not the only reason to contact Fort Walton Beach car accident lawyers soon after a collision. To support your claim, you will need evidence regarding the accident’s cause, and the best evidence is available for only a brief time.

The sooner you start working with knowledgeable car accident attorneys in Fort Walton Beach, the sooner they can begin collecting and preserving evidence to make a strong case for recovery. To get started with a free consultation, contact us online or call 888-549-7011 now.

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Hear What Our Clients Have To Say

"Nick DeBellis obtained the maximum recovery of full insurance limits in the case we worked on. He is a true professional and recommend him to anyone in South Florida."
Posted By: Michael Geoffroy