What is the Statute of Limitations for Car Accidents in Florida?

car accident in florida

If you’re ever in a car accident in the Orlando, Florida area, then there are several actions that you should take. Once your safety has been confirmed, you need to contact the police, your insurance company, as well as one of the best car accident lawyers Orlando has. One reason that you should contact an attorney immediately is due to the statute of limitations.  

What is the Statute of Limitations?

The statute of limitations is the designated amount that an individual has to file a lawsuit that allows them to go to court and claim damages. Each situation is different based on the level of injury and loss, and each state has different statutes of limitations which are counted in years.

What is the Statute of Limitations for Car Accidents?

In the state of Florida, an individual who sustains injuries and loss in a car accident due to the negligence of another driver has four years from the date of the accident to file for any claims. Of course, the sooner a file is claimed, the better, because any important evidence will likely be lost over time.

Evidence is extremely important when it comes to proving another driver’s negligence, so waiting to file a claim is definitely not recommended. However, Orlando car accident lawyers can better advise you. 

Why is there a Statute of Limitations?

A statute of limitations exists as a means to protect defendants from unfair legal actions. After a certain length of time passes, a defendant may no longer be in possession of important evidence that could potentially prove that the injury or loss of another person was not their fault. This type of situation could be unfair, as everyone has the right to protect themselves, regardless of their circumstances. 

Are there exceptions to the statute of limitations?

There are exceptions to the statute of limitations in the state of Florida. In cases in which an injured person was under 18 at the time of the accident, they may have seven years to file a claim under certain circumstances. Additionally, if a victim who was involved in a car accident doesn’t discover an accident-related injury until sometime after the accident, then the statute of limitations begins at the time of that discovery. 

There are other exceptions to the statute of limitations in the state of Florida. In cases in which the victim was deemed incapacitated, either mentally or physically, at the time, then late filing may be permissable. Also, if the defendant either left the state before a victim could file, or attempted to conceal evidence or in some other way attempted to obstruct the legal system, then an exception may possibly be acceptable.

What about exceptions for wrongful death?

In cases where a victim’s death was directly related to the gross negligence of another person, the statute of limitations is two years. This is two years from the time of death, which may be different from the time of the accident. For more information about filing a wrongful death suit or for information about Florida car accident lawsuits in general, car accident lawyers in Orlando Florida can counsel you and inform you of whether or not you have a case. 

How can an attorney help?

There are many ways that the best car accident attorney Orlando FL has can help you. The experienced Orlando car accident lawyers can answer your questions regarding your accident, assist you with retaining damages that you’re entitled to, and more.

The auto accident attorney in Orlando that you opt for will be familiar with all the laws pertaining to personal injury claims and can search for evidence, interview witnesses, and more, in attempt to prove that the other party’s negligence resulted in your injuries and losses. All you have to do is find the best car accident attorney in the Orlando area and then schedule an appointment for a consultation.  

If you’re in need of representation or advice following a car accident in Orlando, you will need a top notch auto accident attorney in the state of Florida. Blevins and Adams Law Group, who service the Orlando, Florida area, have years of experience successfully representing clients with personal injury claims, and they’re available to assist you with yours. Contact Blevins and Adams today.

Here at Blevins and Adams, we take a unique approach to our fee structure. We believe in giving back to the community, so instead of following the usual 1/3 for pre-litigation and 40% for litigation, we will use a 25% fee system from the very beginning to the very end. That means between 8-15% of the extra fees Florida attorneys typically charge you. We believe that the best way to use the extra money is to give back to you and our local community. Of course, there is no fee if we do not win for you. But when we win your case, the lower fee percentage could save you thousands or even tens of thousands of dollars!

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