When you get into a car, bike, or even boat accident, you already have enough things to juggle in your head. You’re worrying about getting the other person’s insurance information, calling the police to get a crash report, and then finding medical treatment within the mandatory 14-day period so that your PIP coverage will kick in. We hate to add more to the pile but one more thing to be mindful of is the statute of limitations for your case.
The phrase “statute of limitations” refers to a concept in law that dictates when a claim can no longer be filed with the court systems. For instance, if the State of Florida thinks that someone committed a first-degree misdemeanor, they must file charges against that person within two years after it was committed.
The same rule applies to civil cases. Under Florida statute 95.11, parties involved in a personal injury case generally have up to two years to file a lawsuit related to that incident. For instance, if your car accident occurred on August 21st, 2023, you have until August 21st, 2025, to file a lawsuit with the courts. This two-year period is the same for bike accidents, pedestrian accidents, motorcycle accidents, slip and falls, and wrongful death.
It is important to note that the statute of limitations does not mean that your case needs to be resolved by the deadline. This is a common misconception. You simply must file a lawsuit in the appropriate court before that time expires. Once filed within that time period, the statute of limitations becomes moot and the case can progress unhindered.
Prior to March of this year, the statute of limitations for these types of personal injury cases (except wrongful death) used to be four years, not two. However, a bill was recently signed into law reducing the statute of limitations for many different types of lawsuits.
This presents a troubling situation for victims of negligent accidents. Even if the victim’s injuries require significant recovery efforts, they still have two fewer years to achieve full, or near to full, recovery (also referred to as maximum medical improvement or MMI). Without reaching that point, the victim is placed in a position where they must make an educated guess as to what their expected future treatments will cost, which is often subject to intense scrutiny and dispute by the insurance companies.
Unfortunately, the statute of limitations is unlikely to change in the foreseeable future. Once that statute of limitations expires, you completely lose the ability to have your case heard in front of a judge and jury and to legally compel the responsible party to compensate you for your damages. If you were injured in an accident, it is critical to find an attorney who will push your case as far as possible before the statute of limitations period ends no matter how hard the insurance companies may push back. Call the personal injury attorneys at Hendry & Parker, P.A., in Dunedin, at (727) 205-5555 today for a free consultation.