While the passage of time heals your wounds, it may not necessarily move your truck accident claim forward. In fact, delays may only cause significant changes in the available evidence and other distinctive facts of your case.
Under Florida’s statute of limitations, a case against a negligent party generally has four years since the incident for filing. In cases where you’re representing a deceased loved one, you usually only have two years to file a wrongful death claim.
But with the possible magnitude of a truck crash, considering the severity of injuries and multiple involved parties, completing the process may take longer than expected.
Reasons for a deadline extension
Every truck crash is unique. Courts must consider several key players – the victim, the at-fault driver, the truck company and manufacturer, and their corresponding insurance companies and legal representatives – with circumstances simultaneously impacting each other.
Florida law addresses this through a legal concept known as “tolling,” when time pauses to consider the following exceptions:
- The at-fault driver dies, hides their identity to avoid being served with the case, or flees to another state or country
- The victim suffers from physical or mental incapacitation, which leads to the court giving them seven years to file a lawsuit
- The victim is not of legal age to pursue a claim, which results in the court increasing the time limit from two to seven years
Meeting the deadline means you can recover compensation for your pain and suffering, medical bills, lost wages and other financial losses. Consulting with your legal counsel will help you assess if you can receive these or anything at all.
Fighting for your timeline
Time may not be on your side during these challenging moments, but your legal counsel is. You may work with them to devise all possible legal remedies to seek liability and avoid further damages.