Is There a Statute of Limitations for an Accident Claim?

A statute of limitations (SOL) sets a time limit for victims to pursue legal action, or civil action, in regard to a financial settlement for injuries suffered due to the neglect of another person or entity. There are very few exceptions made to allow an individual to file for damages after the statute of limitations expires. In general, the statute of limitations for accident claims in Florida can range from two to four years – but, in an auto accident case, the SOL can be as long as five years in the case of an uninsured-motorists claim. Click here for a Florida Statute of Limitations Primer.

Statute of limitations can vary depending upon the type of accident or injury claim you want to file and who you want to sue. For example, click the hyperlink if you want to sue a Florida public/government entity with sovereign immunity – as you can see, the rules can be confusing. As expert injury lawyers in Miami, the law offices of Neufeld, Kleinberg & Pinkiert, PA make it a priority to know the statutes, understand the exceptions and stay informed of any changes in the law. If you are concerned that you may be close to the expiration of your statute of limitations, it is in your best interest to seek legal counsel to determine if you should file an accident or injury claim.

Exceptions in Statute of Limitations

While some claims are very simple to understand, there are many factors that may play a role in whether an exception can be made to a set statute of limitations, including:

  • Multiple causes or defendants in the negligent act that resulted in injury – a qualified injury lawyer can help determine if your claim can fall under more than one category or seek damages from more than one defendant.
  • The discovery rule may apply for an exception to be made if it is not reasonably possible for a person to discover the cause of the injury, or ascertain that an injury has been suffered within the allotted time frame.
  • Tolling of the statute of limitations refers to a qualified event that may temporarily halt the clock and prevent the statute from running. For example, a minor who suffers an injury may be able to seek compensation after the statute expires, once the minor is old enough to realize the full effects of the injury.

The laws regarding statute of limitations are very complex. If you have suffered an injury, it is always advisable to seek legal counsel as quickly as possible. Just because you have four years to file suit, does not mean you should wait that long. In fact, the closer you get to the SOL, the less likely a lawyer will want to take on the case. The lawyers at Neufeld, Kleinberg & Pinkiert, PA have served the Miami area for many years. We take great pride in offering the best representation for accident victims. Contact us today for a free consultation.