How long do I have to file a claim for damages in a Florida truck accident?
If you’ve been hurt in a truck accident, you’re probably focused on getting the medical care you need to recover from your injuries. Taking legal action against the negligent truck driver and/or trucking company that caused your accident might be the last thing on your mind. It’s important to remember, though, that the state of Florida sets a time limit for you to file a claim for damages resulting from your accident.
Statute of Limitations for Florida Personal Injury Claims
The statute of limitations sets the time you have to file a claim for compensation for your medical bills, lost wages, property damage, and pain and suffering. In Florida, you have four years from the date of the accident to file a personal injury lawsuit against the at-fault driver, his employer, and/or their insurance companies. In a truck accident case, four years is not nearly so long as it might seem.
If you’ve lost a loved one in the accident and are filing a wrongful death action, the statute of limitations can be reduced to two years. There are also circumstances that might cause the statute to pause or “toll.” Only an experienced attorney can make sure you file your claim within the allowed time frame.
Reasons Not to Wait to Take Action
Regardless of the statute of limitations, it’s best to contact an attorney as soon as possible to start building your case. Consider the following:
- If you fail to hire a lawyer and file your claim within the allowed time, the claim will probably be dismissed, and you will have no future opportunity to receive compensation for your damages.
- Waiting until the statute is ready to expire makes it hard for your attorney to investigate thoroughly and collect important evidence like the truck’s black box and the driver’s logbook. The longer you wait, the more likely it is that this evidence could be lost or destroyed.
- Waiting to hire an attorney and file your claim also opens you to disputes about the severity of your injuries. The defendant’s insurance company might try to pay you less than the award you deserve—claiming you would have filed sooner had your injuries been serious enough.
Have You Been Injured in a Florida Truck Accident?
You can improve your chances of receiving justice by consulting an experienced truck accident attorney as soon as possible. Contact us online, start a chat, or call our Coral Springs office at 954-755-7803 to schedule your free consultation. We take cases on a contingency basis, so you pay no attorney fees until we win your case.
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