Statute of Limitations in Truck Accident Cases
Truck accidents can lead to some of the most devastating injuries, as well as fatalities. As a result, victims of these collisions face long recovery efforts, with extensive medical treatment and time missed from work, which can all have a significant financial impact on a victim and their family. Often, truck drivers and their trucking companies are responsible for causing these accidents, and victims need to pursue legal action to recover damages to aid in their recovery. However, there is a statute of limitations in truck accident cases, of which victims should be aware so that their legal rights are preserved. The Miami truck accident lawyers at the Law Offices of Robert Dixon can make sure that the time to file your case does not expire.
Our firm offers dedicated legal representation to clients throughout South Florida, including in Miami-Dade, Broward, and Palm Beach Counties. Dealing with a large trucking corporation and insurance companies is a daunting task, in which experienced legal assistance can make a huge difference in ensuring that your legal rights are protected. If you have been injured in a serious truck crash and have questions regarding your legal options, contact the Law Offices of Robert Dixon today to schedule a free consultation and find out more about how we can help.The Statute of Limitations in Truck Accident Cases
A “statute of limitations” is the time period, under state law, during which a victim can file a personal injury or wrongful death claim in order to recover civil damages for their harm. Each state sets its own statute of limitations for civil claims. In Florida, truck accident cases are governed by Florida Statute Section 95.11(3)(a), which states that a victim who is injured in any motor vehicle accident has four years from the date of the injury in which to file a claim against any negligent individual or entity. For wrongful death claims, families who have lost loved ones have only two years from the victim’s death to file suit.
In limited circumstances, Florida law allows for the “tolling” of the statute of limitations, whereby the time does not accrue immediately. Rules regarding tolling can be complex, but some general situations in which tolling applies include:
- If a defendant to be named is not from the state, and cannot be served with process sufficient to establish jurisdiction, time will not accrue.
- If a defendant to be named is using a false identity, making service of process impossible, time will not accrue.
- If arbitration proceedings are ongoing related to the case, time will not accrue.
Additionally, if a victim of a truck accident is a minor, the time period is dependent on whether or not he or she has someone to advocate on his or her behalf. If a parent or legal guardian without a conflict of interest is involved, the statute of limitations in truck accident cases remains the same as for adult victims. If no parent or guardian is available, the statute of limitations is tolled, but claims must still be pursued within seven years of a minor’s injury. Even though a time period of years seems like a long time, it is often not, especially when trying to deal with recovering from a serious injury. Aside from the evidence that needs to be gathered before bringing a case, each defendant that is to be named also needs to be identified. Consulting a knowledgeable attorney as soon as possible is important to making sure that your rights are protected.Seek Guidance from a Truck Accident Lawyer in the Miami Area
If you have been injured in a truck accident, you may be entitled to compensation for past and future medical expenses, lost income, diminished earning capacity, and pain and suffering. In the devastating event that a crash has led to the loss of a loved one, filing a claim can aid in covering the costs of outstanding medical expenses, as well as burial or funeral arrangements. Miami attorney Robert Dixon is available to help you determine your next legal steps and make sure that your legal options remain intact. You can call the Law Offices of Robert Dixon at 877.499.4878 or contact us online to schedule a free, no-obligation consultation. We represent people in Miami, West Palm Beach, Fort Lauderdale, and other South Florida cities.