The timeline for filing a lawsuit as a truck accident victim depends on the severity of the injuries and losses. Other factors may also affect the timeline. Different U.S. states set different timelines based on the applicable statute of limitations. Most cases settle outside of court, while others involve a lengthy legal process and reach trial. Victims handling the legal matter on their own can complicate the case, while working with a truck accident attorney in Orlando helps ensure they meet deadlines and maximize potential compensation.
Florida Statute of Limitations
A statute of limitations is the legal deadline for a lawsuit. In 2023, Florida amended House Bill 837. The modified law reduced the deadline for injury claims from 4 years to 2 years. The latest deadline applies to injuries caused by another party’s negligence, such as car, truck, motorcycle, slip-and-fall, pedestrian, and bicycle accidents. This change applies to accidents that happened after March 24, 2023. Accidents that occurred before that date still fall under the 4-year timeline rule.
After one has been in a truck accident, it’s challenging to file the case for the first time. State law can reduce the claim amount even if the victim files on time, or bar the claim under comparative negligence rules. At this point, it’s advised to seek the assistance of a seasoned attorney for the best legal guidance.
Factors that Affect the Deadline
Specific cases and situations can increase, decrease, or pause the timeline. A wrong move can dismantle a personal injury case. It’s wiser to call an attorney early to handle the matter under expert supervision from the start.
- Injured minors or those with disability
Special rules apply when an injured victim is a minor. When minors or a person with a disability are injured in an accident, the deadline can extend beyond the two years.
- Injury claims against the Government
When a victim sues a city or state authority, sovereign immunity rules apply (§768.28). The process requires a written claim notice and a waiting period before filing the lawsuit. The deadlines are shorter and stricter than victims expect.
- When the defendant leaves the state
If the liable party leaves Florida, the time might not count against the deadline in some cases.
- When the defendant hides the truth
If a defendant deliberately hides their wrongdoing, the timeline may pause until the truth reveals itself.
Deadline is Vital
Two years may seem a long time, but losing a single day may cost the victim a chunk of compensation. With the assistance of an attorney in Orlando, the victim can build a valid compensation claim before filing the lawsuit. Delaying can hamper the case in ways the victims cannot imagine.
- The 14-Day Florida PIP Rule
After an accident, victims must seek medical treatment within 14 days to obtain the personal injury protection benefits.
- Evidence Fades Away
Traffic footage or surveillance video may fade within days or weeks. Skid marks get erased, injuries heal, witnesses forget, and memories fade.
- Insurers use the time against the Victim
The longer the victim waits, the easier it becomes for the insurance company to prove that the injuries are not very serious (as they have healed to some extent by then) or that they were not caused by the accident.
- The Attorney requires time
The attorney needs time to investigate, consult experts, and negotiate the highest possible settlement. The earlier, the better, to start the process.
How to Build A Truck Accident Case?
Before a victim files a claim after a truck accident, the victim’s party must have a solid proof base to support the case and establish the case’s value. The case demands an investigation that brings out –
- How did the accident happen?
- Who is liable?
- Who caused the accident?
- What injuries did the victims suffer?
- Potential claim value
The process involves several steps –
- Collecting the police report, medical records, and other documents
- Collecting and assessing evidence
- Talking to the eyewitnesses
- Taking photos and video footage of the accident scene
- Talking to other experts, if necessary
- Collecting evidence of the damages
Among these, a victim cannot handle all the steps alone, especially when recovering from the losses and trauma. Hiring an experienced attorney ensures each step is completed on time.
How Long Does the Victim Have to Wait to Sue the Truck Company?
Many truck accident claims settle without suing the trucking company. A few cases go to trial. There are three main reasons the victim may sue the trucking company or the liable party. The reasons include –
- The insurer denies liability under the policyholders
- The insurance carrier denies a fair settlement
- Time to sue is running out under state law
- The insurance company blames the victim for the crash
A truck accident attorney in Orlando looks into whether it is time to sue or the victim has a better option to get a fair settlement in a personal injury case.
Your Expert Legal Assistant in Your Truck Accident Case
At Injury Assistance Law Firm, our team of expert truck accident attorneys offers a free case evaluation for victims in Orlando, Florida. If you or someone you know has been injured in a truck accident, our experienced attorneys help you with your claim and explain to you exactly how long you have to file your lawsuit. Don’t pay for someone else’s negligence. Our legal professionals identify the liable party through proper investigation and evidence, and negotiate the best deal with the insurance company. Contact us for a free case consultation if you have been.
