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Statute of limitations for filing an auto accident claim

Car accident in Miami
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Automobile accidents can be very traumatic, especially when they result in either serious injury or death. Dealing with the legal ramifications of the accident makes the healing process even more difficult. Depending on the result of the accident, the statute of limitations in Florida will vary, and can oftentimes become confusing to people that have a limited understanding of the law. Needless to say, it is extremely important to understand the amount of time you have to file a personal injury or wrongful death claim after a vehicle collision. Below are the statutes of limitations in the state of Florida for both personal injury and wrongful death claims.

Personal injury claims

Cases where an injury resulted from a car accident in the state of Florida hold a four-year statute of limitation. This means that anyone injured in the crash (bicyclist, driver, passenger or motorist) has four years from the date of the collision to file a personal injury claim. However, you should always see a doctor immediately after the accident, even if you do not intend on filing a claim, since it will affect the claimable amount for medical expenses. If you are not filing for personal injury, but rather seeking damages for property that was damaged in the crash, the same four-year period holds true.

Wrongful death claims

It is very important to note that wrongful death lawsuits do not allow for the same four-year period as personal injury or property damage claims. If an individual was killed in a car accident and the family has decided to bring a wrongful death case against the at-fault driver, the claim must be filed within two years. This two-year period begins on the date of the person’s death, not on the date of the crash. If you attempt to file any case where the statute of limitations has passed, the court will almost certainly throw your case out.

If you are considering filing a personal injury or wrongful death claim, it is best to speak with a reputable Miami injury attorney as soon as possible. You will want to make sure that your statute of limitations has not passed.

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