Any motor vehicle accident can cause serious injuries to the occupants of the involved vehicles; however, trucking accidents are more likely to cause severe, even fatal, injuries due to the sheer size and weight of the vehicle involved in the collision. The law in the State of Florida may allow the victim of a trucking accident, or the survivors of a fatally injured victim, to pursue compensation for injuries sustained in the accident or the loss caused by the accident. While the law may allow you to pursue compensation, the law also limits the time within which you may do so. Knowing the deadline for filing a personal injury or wrongful death claim after a trucking accident in Florida could mean the difference between recovering compensation and forever waiving your right to that compensation.
The time within which a lawsuit must be filed is formally known as the “statute of limitations.” Each state determines their own statute of limitations for a particular type of civil action, meaning the deadlines for filing a lawsuit can vary significantly from one state to another. The statute of limitations determines when a lawsuit must be filed only.
In the State of Florida the statute of limitations for most personal injury lawsuits, including a trucking accident, is four years from the date of the accident that caused the injuries. Failing to file your lawsuit within the statute of limitations time frame almost always means the claim is forever barred, meaning you lose the right to pursue compensation.
For a wrongful death claim the general rule for the statute of limitations in the State of Florida is two years from the date of death; however, there are a myriad of exceptions to the general rule that can complicate calculating the time frame within which a wrongful death action must be filed. As with a personal injury claim, however, failing to file within the appropriate statute of limitations time frame will forever bar your claim and prevent you from recovering damages as a survivor of a wrongful death.
Given the importance of filing a trucking accident lawsuit or wrongful death action prior to the applicable statute of limitations in Florida it is in your best interest to consult with an experienced Florida trucking accident attorney as soon as possible to be certain you know how much time you have before a lawsuit must be filed. Contact the accident team at Powers Sellers & Finkelstein PLC by calling 727-531-2926 today to schedule your appointment.