How long do you have to sue after a car accident?
Each State in the United States has different laws regarding the statute of limitations to file a lawsuit after a car accident. The “statute of limitations” is the law that governs the timeframe that an individual has to file a lawsuit after being injured in a car accident.
Florida Statute of Limitations for Car Accidents
Florida Statutes section 95.11(3)(a) states that when an individual is involved in a “serious accident,” they must bring a lawsuit within 4 years from the time being injured. This time frame also includes weekends and holidays.
How do I sue if I have been injured by a government employee?
If the government employee was acting within the course of their employment, then it may be possible to sue the government. However, the laws are not the same as suing an individual. In special cases, the State of Florida waives the right to “sovereign immunity,” which is an old British law that prohibited the king (or in this case, the State) from being sued.
The Statue of Limitations is reduced to three years for a lawsuit brought against the city, county, or state government. The State of Florida can only be liable for $200,000 per person or $300,000 per accident.
If you have been injured by a government employee in a car accident, you should see an attorney who understands how to sue the city, county, or state government. The lawsuit begins with a notice to the government, and then a 180-day investigation begins. After the investigation, then the claim can proceed.
What type of injuries qualify as a “serious accident”?
The Florida State Law states that per Florida Statutes Section 627.737 an individual can only file a personal injury accident if they suffered significant or permanent injury. If the injury does not meet this threshold, then a personal injury lawsuit does not exist.
Are there any exceptions to the Statute of Limitations Law?
Under limited situations, the statute of limitations may be “tolled.” If a minor is involved in an auto accident, and no lawsuit is filed on the minor’s behalf, then a court may extend the time to file a personal injury lawsuit. Additionally, if a mentally incompetent person is involved in a car accident, the court may “toll” the time until competency has been regained.
Seek Legal Advice
If you have been injured in a car accident, make sure you understand your legal rights. An experienced personal injury can educate you of your rights and determine your best course of action. Call our Sebastian Office (772) 589-5500 or Vero Beach Office (772) 774-7771, Click here to fill out one of our Free Case Evaluation.