Statute of Limitations in Car Accidents Cases

Each state has a certain period of time during which a victim injured in a car accident has to file a personal injury claim against those responsible before such a claim is barred. This time period is referred to as a “statute of limitations.” The amount of time given varies depending on whether a collision results in injury or death. If you’ve been injured, or lost a loved one due to a fatal crash, Miami car accident lawyer Robert Dixon and his staff the Law Offices of Robert Dixon can help you pursue legal action to hold those responsible liable for your harm. Our firm assists victims and families throughout South Florida, including in Miami-Dade, Broward, and Palm Beach Counties in personal injury and wrongful death cases so that they are able to cope with the significant costs associated with a devastating car collision. Time is often of the essence in these claims, as investigation into the circumstances surrounding a crash, as well as dealing with insurance companies, negotiating with those involved, and deciding whether to litigate a matter take careful consideration. If you have questions about the statute of limitations in a car accident case, or any other issue regarding your potential claim, please contact the Law Offices of Robert Dixon to schedule a free consultation and speak with an attorney today to find out more about our services.

The term “statute of limitations” refers to state law that sets the limit on how long a victim has to file a lawsuit in court in order to hold another party civilly liable for their harm. Every state establishes its own deadlines, which are measured in years. The statute of limitations for each civil claim varies depending on the type of harm or loss a victim has suffered.

Under Florida Statute Section 95.11(3)(a), when a victim is injured in a car or any other motor vehicle accident, he or she has four years in which to file a personal injury suit against a negligent individual or entity. This time period applies regardless of the type of victim, and includes pedestrians, bicyclists, passengers, and other drivers. Any property damage claims arising out of a motor vehicle collision are also restricted to the four-year limitation. However, if a victim suffers a fatality as a result of a car accident, family members have only two years from the date of a victim’s death within which to pursue a wrongful death claim. Although these time frames may seem like ample time, collection of evidence, identifying defendants, and making sure insurance claims are handled properly are all lengthy endeavors in the aftermath of a serious accident.

Personal injury and wrongful death lawsuits are often necessary so that victims and families can cope with the escalating costs of medical treatment, rehabilitative measures, as well as any loss of income that results from a victim’s injury or death. These claims are mostly based on a driver’s negligence while behind the wheel. Negligence arises when a driver breaches his or her duty to act as a reasonable and prudent person would under the same, or similar, circumstances, causing another’s injury or death, and resulting in damages. For instance, a driver distracted by a phone or engaging in aggressive driving maneuvers in heavy traffic can be viewed as engaging in unreasonable behavior, and therefore be subject to legal liability. Due to the time constraints put on plaintiffs in these matters, contacting a seasoned attorney as soon as possible is an important step toward taking action within the statute of limitations in your car accident case.

Many accident victims need financial assistance above and beyond what insurance policies account for, and, unfortunately, timing can be essential for these victims as they try to recover from injuries or the loss of a loved one. Robert Dixon is dedicated to making sure these victims have the legal assistance they need during such a trying time. If you’ve been injured in a motor vehicle collision caused by a negligent driver, and would like to learn more about your legal options, please call our office at 877.499.4878 or contact us online to schedule a free, no obligation consultation and speak with an attorney today. We serve clients in communities including Miami, and West Palm Beach.