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Bradenton Accident Attorney Explains Rare Exceptions And Risks Of Post-Statute of Limitations Lawsuits


You were injured in an automobile accident in Bradenton. The other driver was clearly at fault, but you missed the statute of limitations for filing a lawsuit. Don’t assume it’s always too late to take action, Florida law includes some circumstances that may extend the deadline. However, filing a claim after the deadline has expired most often ends the ability to recover compensation except in very specific circumstances.

Understanding Statutes of Limitation for Auto Accident Claims in Bradenton Florida

Claim Filing Deadlines: Know Your Risks

With the passing of HB837, Personal injury lawsuits in Florida now must be filed within two years of the accident date, and property damage claims also have a two-year statute of limitations. Failure to file a lawsuit within these deadlines will almost always result in losing your legal right to recover damages, but there are some exceptions.

Tolling Exceptions: Rare and Limited

There are limited circumstances that can “toll” or pause the statute of limitations clock. These include if the victim is a minor, legally incapacitated, or intentionally deceived. However, the burden of proof for these exceptions is high. Relying on them is risky and not recommended.

No Grace Period: Deadlines Are Strict

Florida courts strictly enforce the statute of limitations deadlines. They will not grant grace periods or exceptions for reasonable delays. Even filing a lawsuit one day after the deadline has passed will result in the dismissal of your case.

Consult an Attorney Immediately at Goldman, Babboni, Fernandez, Murphy & Walsh

Given the complexity and strict enforcement of statutes of limitation, it is critical to consult with an experienced Bradenton auto accident attorney as soon as possible after any accident. They can properly investigate your claim, determine deadlines, and file a lawsuit in a timely manner to preserve your legal rights. Waiting too long to pursue legal counsel puts you at serious risk of forfeiting your opportunity for compensation through no fault of your own.

Florida’s statute of limitations for auto accident claims are limited and strictly enforced. Failing to file a lawsuit within the specified deadlines will preclude you from recovering damages, regardless of the merits or circumstances of your case. To avoid losing your legal rights, consult an attorney immediately after any accident.

Consequences of Filing a Lawsuit Too Late After a Car Accident

If you fail to file a personal injury lawsuit within the statute of limitations period following a motor vehicle accident, your case will likely be dismissed by the court.

Missed Deadline Means No Compensation

Missing the statute of limitations deadline typically means you forfeit your right to any compensation for your injuries or damages. Victims have two years to file a personal injury lawsuit after a car accident. Each state has its own statute of limitations for car accident claims, varying for injuries or property damage. Once this window closes, the at-fault driver and their insurance company are no longer obligated to pay for your medical bills, lost wages, pain and suffering, or other losses.

Case Dismissal

When a lawsuit is filed after the statute of limitations has expired, the defense will file a motion to dismiss, arguing the case should be thrown out due to the missed deadline. The court will grant this motion since you failed to comply with the law. Your lawsuit will be dismissed with no opportunity to collect compensation.

Limited Exceptions

There are limited exceptions to statutes of limitations, such as if the victim was a minor at the time of the accident or did not discover the injury until years later. However, these exceptions are narrowly applied. The burden of proof is on you to show extraordinary circumstances that warrant waiving or extending the deadline. It is not guaranteed the court will accept your arguments.

The risks of filing an automobile accident lawsuit after the statute of limitations are significant. Missing this deadline can derail your case and eliminate any chance of obtaining compensation for your injuries and damages. To preserve your rights, consult with an experienced car accident attorney as soon as possible following a collision.

Strategies Automobile Accident Attorneys Use to Overcome Time Limits

After an automobile accident, it is critical to understand the legal ramifications of the Statute of Limitations in your state. In Florida, the Statute of Limitations for personal injury claims is two years. This means any lawsuits arising from an auto accident must be filed within two years of the date of the accident. If you fail to file a claim within this time period, the court is likely to dismiss your case.

Gathering Evidence Promptly

Experienced automobile accident attorneys work quickly to investigate the details of an accident and gather relevant evidence before it is lost or destroyed. They interview witnesses, take statements, review police and medical reports, and collect any available video or photographic evidence from the scene. The more time that elapses, the more difficult it becomes to establish liability and determine the full extent of damages.

Negotiating With Insurance Companies

Rather than rushing to file a lawsuit, attorneys will first try to negotiate a fair settlement with insurance companies on the client’s behalf. They can leverage the evidence they have gathered to demonstrate the strengths of the case in an attempt to recover damages, while avoiding the need for litigation. If initial negotiations are unsuccessful, the option to pursue mediation or file a lawsuit remains open, provided the Statute of Limitations has not expired.

Clients rely on attorneys to understand the intricacies of the legal system and determine the best path forward based on the unique details of their case. Experienced attorneys know how to properly value a claim, which factors may influence a jury, and when it may be advantageous to pursue litigation over a settlement. They also stay up to date with changes in personal injury law and court decisions that could impact their clients’ cases.

By acting quickly and with legal counsel, automobile accident victims can overcome tight time constraints to receive fair compensation, even when a case comes down to the wire. However, waiting too long to take action could put your rights to recovery in jeopardy.

Questions to Ask a Car Accident Lawyer About the Statute of Limitations

The statute of limitations refers to the maximum period of time allowed by law after an accident or injury occurs to file a lawsuit. In Florida, the statute of limitations for filing an auto accident lawsuit is two years from the date of the accident. However, it is advised you speak with an attorney as soon as possible after an accident to understand your legal options fully.

How Long Do I Have to File a Lawsuit?

The clock starts ticking on the statute of limitations from the date of the accident. It is important to note the two-year time frame also applies to claims against government entities. Failure to file a lawsuit within the statutory time period will likely result in losing your right to recover damages.

What If I Don’t Discover My Injuries Right Away?

Some injuries from auto accidents are not immediately apparent or diagnosed. In these situations, the statute of limitations begins from the date the injury was discovered or should have been discovered with reasonable diligence. For example, if a head injury from a car accident led to a diagnosis of traumatic brain injury two years after the accident, the statute of limitations would begin from the date of diagnosis.

Are There Any Exceptions to the Statute of Limitations?

There are a few exceptions that can extend or toll the statute of limitations. For instance, if the at-fault driver leaves the state or avoids service process, the time limit can be extended. Additionally, if the victim is a minor or incapacitated at the time of the accident, the statute of limitations does not begin until the disability is removed. However, these exceptions are complex, so discussing the details of your case with an attorney is critical.

The statute of limitations is an important concept to understand to preserve your right to recover damages from an auto accident. Speaking with a car accident lawyer can help determine if your case qualifies for an exception and ensure your claim is filed properly before time runs out. Prompt legal counsel is the best way to avoid losing the opportunity to obtain fair compensation for your injuries.

Contact the law firm of Goldman, Babboni, Fernandez, Murphy & Walsh in Bradenton if you have been injured in an accident

You must carefully consider the legal ramifications before filing an auto accident lawsuit after the statute of limitations has expired in Bradenton. Consulting with knowledgeable auto accident attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh can help you understand your options and the risks involved. They have extensive experience with auto accident cases in Bradenton and can advise you on the wisest course of action if you find yourself contemplating legal action outside the limitation period. Don’t let uncertainty lead you to an ill-advised lawsuit. Get the facts from trusted professionals so you can make an informed decision that protects your interests.

The Florida Government Page On Statutes Of Limitations

Car Accident Statute Of Limitations 2024 Guide

Personal Injury Statute of Limitations

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Daniel Murphy's passionate belief in upholding the Florida justice system by defending the rights of the public against corporate interests, has lead him to become one of Florida's most effective young attorneys. Daniel Murphy carries his enthusiasm for fighting for the rights of the injured outside the courtroom by staying involved in legal and community organizations.

Bradenton Accident Attorney Explains Rare Exceptions And Risks Of Post-Statute of Limitations Lawsuits

Goldman Babboni Fernandez
Murphy & Walsh




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