How Long Do You Have To File A Pedestrian Accident Claim In Florida?
Pedestrian accidents are common in Florida. If you were involved in a Florida pedestrian accident, you might have the right to file a pedestrian accident claim and recover compensation if another party’s negligence caused your accident. If you are considering filing a pedestrian accident claim against a negligent party, you might be wondering, “How long do I have to file a pedestrian claim?”
So, how long do you have to bring forward a pedestrian accident claim in Florida? According to Florida Statute 95.11, you have four years to file your accident claim after you suffer injuries in a pedestrian accident. This is generally the same time limit that applies to all other personal injury claims. However, there are some exceptions to this general rule. Also, when an injured pedestrian has a cause of action against a government entity, their claim may be subject to different rules, procedures and time frames.
What if You Miss the Deadline for Filing Your Pedestrian Accident Claim?
If you try filing your Florida pedestrian accident claim after more than four years have passed since your accident, you can be sure the defense side will point this fact out, and the insurance company will deny your claim. Even the court will dismiss your pedestrian accident claim if you file your claim after more than four years have passed since your accident. In other words, no matter how significant your damages are, if the four-year deadline has passed, you will have lost your right to compensation.
Is There Any Reason To Take Action if I Have Plenty of Time Left on the Statute of Limitations Clock?
If you just recently suffered injuries in a pedestrian accident, you might be wondering if there is any reason for you to file a claim soon since you have four years on the statute of limitations “clock.” The biggest advantage of taking immediate action is that you avoid diminishing the value of your claim. If you take immediate action, you increase the chances of recovering the compensation you deserve. For instance, evidence can get misplaced, lost, destroyed or altered if you wait to file your pedestrian accident claim. Witnesses may be difficult to locate, and their memories might have changed over time. Additionally, if you wait to file your claim, you might fail to receive the proper treatment and inadvertently devalue your case.
Reach Out to an Attorney Without Delay
If you recently sustained injuries in a pedestrian accident, it is in your best interest to reach out to an attorney without delay. An attorney can help you initiate the investigation process immediately, and determine what evidence you need. Some evidence you may need for your pedestrian accident claim include the following;
- Television footage of the accident
- Photos and videos of the accident scene and vehicles
- Medical records and reports
- Police or Crash Report and Exchange of Insurance Information
- Witness statements
An attorney can also help you ensure you file your claim on time so you do not risk missing an opportunity to recover the compensation you deserve. Do not wait. Reach out to an attorney today.
Contact a Naples Pedestrian Accident Attorney
If you were injured in a Florida pedestrian accident, contact our skilled and dedicated Naples pedestrian accident attorneys at The Law Offices of Marc L. Shapiro. We can help investigate your case and gather evidence. We can also help you file your claim on time and recover the compensation you deserve.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
