Legal Question: I just now got sued for an accident that happened 2 years ago.
April 18, 2017Legal Question: I just now got sued for an accident that happened 2 years ago. Its my understanding that in to you only have 30-60 days to sue. I was at fault.
Terence’s Response: It really depends which state the accident occurred, since every state has a different Statute of Limitations. For most torts or accidents, Florida has a 4 year Statute, which means if a suit is not filed in that time , that the action will be time barred. However, if it is a Wrongful Death action, the statute is only 2 years. Uninsured actions because they rely on a contract are 5 years. Although suits against governmental entities(Sovereigns) have the same 4 year statute as other torts, one must file a special statutory notice with the proper entities within 3 years as a condition precedent to filing suit. If the defendant dies, even if not related to the accident, the statute can be reduced to two years from the date of death. If an insurance company becomes insolvent, then the statute can be reduced to 1 year from the date of filing. Finally, if the action stems from Medical Malpractice, then the statute is two years from the date of injury or two years from the date that the plaintiff first realized that there was medical negligence. Hopefully this has clarified your inquiry.
– Terence A. Gross, Personal Injury lawyer
