Truck Accidents in Florida: Know the Statute of Limitations
Were you or your loved one seriously hurt in a truck accident in Florida? If so, it is imperative that you take immediate action to protect your rights. You have the right to seek compensation for your injuries. Though the claims process is time-sensitive. Florida has a two-year statute of limitations for fault-based truck accident injury claims. Here, our Miami semi-truck accident lawyer explains the key things injured victims need to know about the statute of limitations.
PIP Benefits Carry a 14-Day Treatment Deadline
Before addressing the deadline for a negligence lawsuit, an injured victim should understand Florida’s separate deadline for personal injury protection (PIP) benefits. Under Florida Statutes § 627.736, an otherwise eligible claimant generally must receive qualifying initial medical services and care within 14 days after the motor vehicle accident to obtain PIP medical benefits. Missing that deadline can result in the loss of PIP medical coverage, even though the injured person still has time to bring a liability claim against a negligent truck driver, trucking company, or other party.
Most Truck Accident Negligence Lawsuits Must Be Filed Within Two Years
If you suffered a serious injury in a tractor trailer accident in Florida, you have a right to bring a personal injury claim against any negligent party who contributed to your accident. These are time-sensitive cases. Florida has a strict two year statute of limitations (Florida Statutes § 95.11(5)(a)). What happens if you wait too long to take action? You may lose out on your ability to file a truck accident lawsuit at all. Be proactive: You do not want to fall behind the truck company or an insurer in the claims process.
Note: Florida previously had a four-year limitations period for negligence-based personal injury claims, including in truck accidents cases. However, the Florida Legislature shortened that period in 2023, but the change applies to causes of action accruing after March 24th, 2023. Accordingly, an older truck accident claim may still be governed by the former four-year period depending on when the cause of action accrued.
Recovering the Maximum Compensation for a Truck Accident in Florida
If you are bringing a fault-based claim for a serious injury in a truck accident in Florida, you have the right to seek compensation for the full value of your damages. Do not agree to settle your claim for less. Trucking companies and insurance companies are not on your side. Our Miami semi-truck accident attorney can help you seek financial compensation for:
- Property damage;
- Emergency room care;
- Hospital bills;
- Other medical expenses;
- Loss of wages;
- Diminished earning power;
- Pain and suffering;
- Mental anguish; and
- Wrongful death.
Call Our Miami Semi-Truck Accident Lawyer Today
At Pike & Lustig, LLP, our Miami trucking accident attorney is a strong, knowledgeable, and experienced advocate for justice. If you have any questions about the statute of limitations, we are here to help. Call us now for a no cost, no obligation consultation. With an office in Miami and in West Palm Beach, we handle truck accident claims throughout South Florida.
