Can You Sue for a Car Accident After 1 Year in Florida?
A car accident can be a disastrous event that can impact a person for the rest of their life. If you are involved in a car accident, it is vital to seek compensation from the party that caused the accident. If you fail to seek compensation for your car crash injuries, this could impact a potential case in the future. If you need assistance to file a lawsuit after a car accident, you should consult with an experienced Miami car accident lawyer as soon as possible. The Law Offices of Prosper Shaked understand how a severe car accident can change a victim’s life, and we are dedicated to providing you with the legal representation you deserve in your time of need. Waiting too long to pursue a car accident lawsuit can affect your ability to receive compensation for your injuries. Car accident lawyer Prosper Shaked is here to explain whether you can sue for car accident injuries in Florida after a year has passed.
Can I Wait a Year to File a Car Accident Lawsuit in Florida?
If you were injured in a car accident in Florida, you might be concerned about how long you have to pursue a lawsuit against the party responsible for the crash. While it is true that a potential plaintiff only has a limited amount of time to file a lawsuit, the potential plaintiff has longer than a year to pursue a lawsuit against a negligent driver.
The statute of limitations is a law that determines how much time can pass before a certain type of case expires. This law applies to civil and criminal cases. In a civil case, a plaintiff must file their case with the court before the filing deadline passes. Failure to file a case within this timeframe will result in a court dismissing the lawsuit for violation of the statute of limitations. It is important to note that the filing deadline can change depending on the type of case a victim wishes to file.
Car accident cases typically fall under the umbrella of a personal injury claim. In Florida, the statute of limitations for a personal injury lawsuit is four years from the date of the accident. As mentioned, if a plaintiff fails to file their lawsuit within four years, the court has the authority to bar their claim. Specifically, the defendant, in the case, can move for the court to dismiss the claim because it violates the statute of limitations. If the court dismisses the lawsuit, the victim will be left without the ability to seek compensation for their injuries.
If you are uncertain about how long you have to file your personal injury lawsuit, you should contact an experienced attorney as soon as possible. Four years is a generous amount of time to file a lawsuit. However, if you lose track of the date when your case accrued, you could lose the right to pursue damages for your injuries. This can be devastating if a victim has suffered serious injuries like a broken pelvis, lacerations, back injuries, and various injuries due to a car crash.
To learn more about the purposes of the statute of limitations, you should continue reading and speak with an experienced Miami personal injury attorney.
Benefits of the Florida Car Accident Lawsuit Statute of Limitations
It may seem that the statute of limitations is a law that protects a negligent party escape without any consequences. However, the statute of limitations is a law that benefits plaintiffs and defendants.
The statute of limitations benefits plaintiffs because it encourages victims to promptly seek compensation for their injuries. There are a number of reasons that can explain why you should seek compensation as soon as possible after an accident. For example, if you need the testimony of a witness to help prove a driver acted negligently, waiting too long could make the witness’s memory hazy.
Additionally, if you wait until the filing deadline is quickly approaching, this could affect your ability to find a lawyer that is willing to take your case. If a lawyer feels they do not have enough time to investigate and file your case, they may hesitate to take your case on short notice.
The statute of limitations also provides some protection for a potential defendant. Specifically, the statute of limitations ensures that a defendant is not always looking over their shoulder for a lawsuit that may never be filed. If a plaintiff had an indefinite amount of time to file their lawsuit, a defendant would always have to be prepared for a lawsuit.
There are other benefits provided by the statute of limitations that are not discussed above. Our firm is committed to helping victims of car accidents seek the compensation they deserve, and we are ready to work with you.
Contact an Experienced Florida Car Accident Lawyer to Discuss Your Potential Case
If you or a family member were injured in a car accident on Florida I-95 or another dangerous road, you should consult with an experienced car accident lawyer today. Personal injury attorney Prosper Shaked possesses a broad range of experience litigating complex car accident lawsuits – like if the negligent driver does not want to go through insurance – and he would be honored to work with you. To schedule a free legal consultation to discuss your potential lawsuit, contact the Law Offices of Prosper Shaked at (305) 694-2676. You can also contact the firm online.