How Long Do I Have to File a Truck Accident Claim in Florida?
October 19, 2020
If you’ve been injured in a truck accident, you know just how devastating these types of accidents can be. It’s not uncommon for truck accident victims to miss time off work due to their lengthy recovery. That’s why it’s crucial for Florida residents to know exactly how long they have to file a claim for compensation. Learn more below.
What is the Statute of Limitations?
The statute of limitations refer to the time period in which a plaintiff can bring forward a personal injury claim. In Florida, injured victims have four years from the date the accident occurred to file a claim for compensation. However, there are exceptions to this rule. If an individual is incapacitated before the accident occurred, he or she has seven years from the date of the accident to file a claim. One notable exception is for surviving family members looking to bring forward a wrongful death claim; in Florida, surviving relatives only have two years from the date the death occurred to file a claim.
What Does “Tolling” Mean?
In layman’s terms, tolling is a legal doctrine that allows the time frame to file a claim to be paused or delayed, meaning that, under the right circumstances, a claim may be filed after the statute of limitations has closed. Situations that allow for tolling may include:
- If the person being sued is absent from the state and cannot be served with papers
- If the person being sued is using a fake name and the process is unable to start
- If there is a dispute during the arbitration process
Do the Same Statute of Limitations Apply to a Child?
Simply put, it depends on the situation. If your child was injured in a truck accident and you are able to act on their behalf without any conflict of interests, then the four year window to file a claim will still apply. If the minor does not have parents or guardians that can act on their behalf, then the statute of limitations will be tolled; despite the tolling, the child will have seven years to file a claim as opposed to four.
Contact a Lake Worth Personal Injury Lawyer to Discuss Your Truck Accident Case in Florida
Did you or a loved one sustain serious injuries due to a truck accident in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Gonzalez & Cartwright, P.A. represent clients injured because of truck accidents in Miramar, Coral Springs, Davie, Boca Raton, and throughout Florida. Call (561) 533-0345 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 813 Lucerne Ave., Lake Worth, FL 33460, as well as offices in Pompano Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.