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Can I Still Sue For Car Accident Expenses?


If you were hurt in a Florida crash months or years ago, you may be wondering if you can still take legal action to access financial compensation. The answer is it depends. There is a formal timeline for personal injury lawsuits under Florida law.

To have all of your car accident damage recovery questions addressed, reach out to a Miami personal injury lawyer. Getting started as soon as you can is best as there are deadlines to follow and it can be simpler to access documentation closer to the date of an accident. That said, there are times when compensation is possible even when years have passed. Your first step is to retain a skilled lawyer without delay.

Understanding Florida’s Statute of Limitations

A deadline for filing lawsuits with a court of law is set by each state. In order to file past the state statute, an exemption would need to apply. All personal injury lawsuits, including car wreck claims, are subject to deadlines. But there are differences depending on if your case is connected to negligence.

For instance, a claim founded on negligence has a statute of limitations of four years. But civil injury claims not based on negligence, such as medical malpractice, could be required to follow a two year statute of limitations. So, for some cases, such as those involving product liability, whether they will follow the two year or four year timeline will hinge on the specifics of the case.

Generally, the timeline for the statute of limitations starts on the day the injury was sustained. The cases that follow other dates typically do so because the injured party was not aware of the harm sustained until a later date. For instance, in medical malpractice cases, the statute of limitations timeline could start on the date the harm is discovered.

Government Claims Follow Different Rules

There are different rules in place if you are pursuing compensation from the local, state, or federal government. This could be true if you sustained injuries due to poor road conditions or inappropriate traffic signage.

Three years is typically the timeline if you are filing a claim against the state of Florida or a local municipality. There is also an investigation period that is mandatory. Federal claims need to be filed through a written process within two year of the injurious event. Government claims have many details to attend to, a Miami personal injury lawyer can take care of those deadlines and uncover evidence on your behalf. As soon as you are considering compensation options, talk to an attorney.

Do you believe you have a case but are worried you are out of time? Instead of worrying about time lost, be proactive and talk to the qualified attorneys at Spencer Morgan Law today. After carefully listening to the specifics of your case, our attorneys will inform you if legal action is possible and what evidence needs to be collected to support your need for financial recovery. Call us at 305-423-3800 to schedule your first meeting.

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