Florida Statute Of Limitation Suspensions
In civil cases, there are statutes of limitations. Sometimes referred to as a prescriptive period, limitations are in place so there is a set amount of time after an accident that legal action can be initiated. The timeline varies from state to state. The statute of limitation for personal injury in the state of Florida is four years. So, if you want to take legal action after an Orlando car accident, you have to do it within four years from the date of the accident, in most circumstances. If you are moving to file against a government entity, that timeline is reduced to three years. If a lawsuit is not filed within this prescribed period of time, you lose your rights forever to try to recovery any monetary damages for you loss.
There are situations in which a statute of limitations can be suspended. To determine if tolling or pausing the timeline is possible for you, discuss the details of your accident with an Orlando car accident lawyer.
Past Reasons for Granting Statute of Limitations Pauses
Pausing a statute of limitations, which is sometimes called tolling, is possible when circumstances warrant a suspension. A Florida court may grant your case more time if any of the following are true.
- There is a situation in which a person involved in the case is incapacitated
- The defendant has fled the state and is not accessible geographically
- Arbitration is pending and needs to be resolved
A defendant not being in the state of Florida could lead to a suspension being granted as the courts do not want to reward an individual for intentionally fleeing the state in an effort to avoid responsibility.
Additionally, the court often would like to see the matter resolved outside of court. So if the dispute is already in arbitration, the court could pause the timeline to see if that will be a path to resolution.
An Orlando Personal Injury Lawyer Will See to Deadlines
With all of the other concerns you have surrounding accident recovery, from healing physically to purchasing a new vehicle, it can be overwhelming to think you need to be in charge of legal documentation and filing timelines. Thankfully, a legal professional can take care of deadlines and details for you while you attend to personal matters.
If you need to file past the deadline of your accident’s statute of limitations, there needs to be a specific reason for doing so. A Florida court will not allow it simply because you want to do it, they will need to see proof that the exception is warranted and needed. To determine if you have a reason for a statute of limitations pause, connect with an Orlando car accident lawyer.
Were you injured in an accident years ago and are unsure if you have time to access a damage recovery amount? Financial relief may be possible, even if you are close to the end of the statute of limitations. The skilled, compassionate, and experienced team at Israoui Law can help. You need an attorney fighting for a full and fair compensation amount to help you manage medical fees and emotional stress. Contact our Orlando personal injury attorneys at 407-381-4529 for a complimentary consultation.