Statutes of limitation are laws that impose timeframes on lawsuits. They permit wronged people to seek justice without allowing the threat of a lawsuit to linger forever. If you miss the deadline set by the state’s statute of limitations, you lose your right to sue.
If you were hurt in an automobile crash, work with attorneys who are familiar with issues surrounding the Orlando car accident statute of limitations. At Colling Gilbert Wright, also known as The Florida Firm, we have spent decades achieving excellent results for people injured in vehicle wrecks. Lawyers and other professionals throughout the area turn to us when they need legal representation in an injury case.
Florida Law Allows Two Years in Most Cases
Statutes of limitations vary by type of lawsuit. The time limits for lawsuits based on contract or business law are typically longer than those for personal injury claims. The Orlando car accident attorneys at Colling Gilbert Wright know the applicable statutes of limitation for various legal actions and will work to file your car accident claim on time.
Allegations of negligence form the basis of most car accident claims. You sue the driver at fault for the crash, claiming they did not use appropriate caution and their conduct led to your injury. Florida Statutes § 95.11 allows injured people two years from the date of an incident to file a lawsuit based on a negligence claim.
Product Liability Actions
Some injury claims arising out of wrecks are brought against the vehicle manufacturer, alleging that a defect in the vehicle caused the accident. These claims are called product liability lawsuits and can be based on negligence, strict liability, or both.
They are also subject to a two-year statute of limitations based on the accident date, but there is an additional consideration. You cannot sue if the product left the manufacturer’s control more than 12 years ago. This is called a statute of repose, and it prevents lawsuits based on products more than 12 years old, even if you file your claim within two years of the accident.
What Are the Exceptions to the Two-Year Limit?
Although courts strictly enforce statutes of limitations, exceptions are built into the law. For example, if the negligent party leaves the state and cannot be served within the jurisdiction, the statute of limitations clock stops ticking until they return. This pause is called tolling the statute of limitations.
When a defendant intentionally or fraudulently uses another name to avoid service, or conceals themselves in some way so that you cannot serve them with legal papers, it could toll the statute of limitations.
The law sometimes allows service by publication in a newspaper, so a judge would need to decide whether the statute of limitations was tolled in a specific case.
One of the most frequent reasons for tolling the car accident statute of limitations in Orlando is when the injured person is legally incapacitated. The common reasons for incapacity are mental illness or incapacity, and age.
Mental Incapacity
If someone was adjudicated mentally incapacitated when the accident occurred but later recovered their mental faculties, they would have two years from the date they regained capacity to file a lawsuit.
Injured Person Is a Minor
When a minor child is injured in a car accident, they cannot file a lawsuit on their own behalf. The law allows them two years from their 18th birthday to file a lawsuit if they do not have a parent, guardian, or Guardian ad Litem to file on their behalf within two years of the crash.
However, there is another statute of repose that applies to lawsuits concerning injuries to minors—it requires a lawsuit to be filed within seven years of the injury. If a child is younger than 12 at the time of the crash, they lose their right to sue unless a parent or guardian sues on their behalf. It is preferable for a parent or guardian to file suit on behalf of the child to preserve their rights, and cases are strongest when a lawyer can begin collecting evidence soon after the car accident.
Work With an Orlando Car Accident Attorney to Avoid Statute of Limitations Issues
If you do not adhere to the Orlando car accident statute of limitations, you lose your right to sue. It does not matter how strong your case is; a judge cannot hear it if you miss the legal deadline.
You can avoid statute of limitations problems by contacting us at Colling Gilbert Wright soon after the accident. There is no charge until we win money for you, so get in touch with our vehicle accident intake specialists today.