Two-Year Statute Of Limitations Makes Personal Injury Cases Harder To Win

Until 2023, Florida’s statute of limitations for personal injury cases was four years. This means that a person had four years from the date of the accident in which to bring claims for damages. At that point, however, legislation was passed that changed that to two years. While this does not sound like a major change to many, the deadline being cut in half can have major consequences.

Many Different Factors To Analyze

A person injured in an accident involving a tractor-trailer or other large commercial vehicle in Florida is more likely to sustain serious injuries than in an accident with a small private car. The reason why is simple physics – tractor-trailers are much larger than most cars, and tend to require much more distance to stop. A high-speed impact with a much larger vehicle will visit much more force on the smaller vehicle. After seeking medical treatment, many injured drivers try to seek damages from the commercial driver (and, if applicable, their employer).

Many people think that after an auto accident, the drivers simply exchange insurance information, and later, the injured driver gets paid. In reality, there are many different hurdles between a crash and an injured person’s expenses being paid. That goes double for a state like Florida that has a no-fault auto insurance system – and arguably, it goes triple for an accident that involves a commercial driver, as different laws may apply. The statute of limitations on these types of accidents being cut in half can make things even more complex.

You Must Act Fast

While it is possible to bring a lawsuit against an allegedly negligent commercial driver within the statute of limitations, it does mean that an injured person needs to act fast. They should, of course, seek medical treatment as soon as possible after an accident, but they also must enlist an attorney to get the legal process rolling. Florida’s no-fault system means that an injured person must first file claims with their personal injury protection (PIP) and only file a lawsuit if their coverage is inadequate to pay their bills.

All this takes time. Between complying with no-fault rules and understanding the nature of filing suit against a commercial driver and/or their employer, two years can pass in a flash – but if it does, the plaintiff loses the chance to seek damages forever. It is not in the public’s best interest to allow crimes to be tried or cases to be brought years after they occurred – evidence may have spoiled, and witness memories almost certainly have decayed. The chance for a fair trial would be near zero.

Call A Tampa Commercial Vehicle Accident Attorney

If you have been in an accident with a large commercial vehicle, it is likely your injuries are severe, and now, you have much less time to contemplate whether or not to file suit against the commercial driver. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help your case get to court. Contact our office today at (813) 831-9999 to schedule a consultation.