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Is there a Time Restriction to File a Car Accident Claim in Florida?

car accidentThe statute of limitations in Florida regarding car accident injury claims does set a time limit for filing claims in court, but the time frame can be reduced under certain circumstances. The determining factor is whether or not someone is fatally injured in the accident or suing a government agency. Claims against the government only have a three-year window allowed when there could potentially be a negligence claim. Negligence is central to personal injury lawsuits and the material facts surrounding the causation of the accident can matter greatly, including legal technicalities. And, technicalities matter to national insurance chains like GEICO Insurance that utilize the digital marketplace. Claims being filed after a considerable amount of time has passed since the accident can often be complicated and strongly defended, which means it is vital to have an experienced Miami car accident attorney representing the case.

Four-Year Rule

The typical time period for filing a personal injury claim following an accident in Florida is four years from the date of the accident with wrongful death claims only having a two-year filing period. This gives a Miami personal injury lawyer an extended amount of time to negotiate a maximum settlement, but the waiting period can be a significant strain on the injured victims when insurance companies are being difficult. Most attorneys and injured victims want their compensation claims settled quickly. However, the four-year rule could become more of a factor and also encourage attorneys to file an actual legal motion because of client need for benefits now that the state is transitioning to a fault-based insurance coverage model.

Tolling Exception

There is also a legal process termed as “tolling” that allows pausing the time clock for a statute of limitations period. This can be implemented in certain situations where the court can be influenced by an injury claim lawyer argument that the claimant has a unique circumstance, such as being injured while a juvenile but needing to file after after becoming an adult. All personal injury cases are unique in some aspect, and luckily the Florida system allows for those situations.

Never let an insurance company convince you that your claim is denied because of an expired filing period. Always consult with a Miami personal injury attorney at the Injury Claim Lawyers and let them put their experience to work for you.

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When you've been injured in an accident, where can you turn? The personal injury Attorneys at InjuryClaimLawyer.com have a passion for pursuing justice for injury victims. Over the years, our commitment to excellence and passion for our clients has been recognized nationwide.

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