How Long to File a Truck Accident Claim in Tampa?

Truck accidents are some of the most serious crashes on the road. They cause catastrophic injuries and extensive property damage. Afterward, the legal process is also particularly complex. Truck accidents involve multiple liable parties and the process of filing a claim can be much more difficult than after a standard car crash.

Like other personal injury claims, truck accident cases are governed by many laws. One of the most important of these is the time limit known as the statute of limitations. Our truck accident attorney explains how much time you have to file a claim for compensation.

What is the Statute of Limitations on Truck Accident Cases? 

The legal deadline to file a truck accident lawsuit is two years from the date of the crash. If your loved one passed away due to a truck accident, you have two years from the date of the death to file a wrongful death claim. In both cases, the statute of limitations was once four years but the law changed in 2023 to shorten both timelines.

The statute of limitations has many purposes in personal injury claims. The law is meant to ensure that physical evidence is not lost over a long period of time and that the recollection of witnesses are still fresh and accurate. The statute of limitations is also meant to protect potential defendants from facing lawsuits long after an incident originally occurred.

If you fail to file a claim or lawsuit before the statute of limitations has expired, the insurance companies and courts will likely throw out your claim, meaning you will lose your right to claim any compensation at all. To avoid this from happening, it is essential that you speak to a Tampa truck accident attorney as soon as possible after an accident.

Are There Exceptions to the Statute of Limitations?

The statute of limitations is a very firm deadline. Still, there are a few exceptions that can extend or shorten the amount of time you have to file. One of the most common exceptions to the law is the discovery rule. Under this rule, an accident victim has two years from the date they discovered, or should have reasonably discovered, their injury. For example, it can take several weeks or longer before an accident victim realizes they suffered a concussion during a truck accident. The statute of limitations could then begin on the date they were diagnosed with a concussion and not the date of the crash.

A lack of mental capacity is another exception to the statute of limitations. This commonly applies to minor and mentally disabled individuals who were hurt in a crash. These individuals do not have the mental capacity to take legal action and so, the statute of limitations would start on the date they regained the mental capacity to file a claim.

While the above exceptions extend the statute of limitations, there is another that shortens it. For example, if a truck accident happened on government property, you do not have as much time to file your claim.

Our Truck Accident Attorney in Tampa Can File Your Claim On Time

At Moore Law, our Tampa truck accident attorney can file your claim on time and help you obtain the financial compensation you may be entitled to, but only if you contact us right away. Call us now at 813-510-5400 or chat with us online to schedule a consultation and to get the legal help you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html