An accident is always distressing, and sometimes it’s painful and traumatic, with serious injuries with temporary or life-altering implications. Motorcyclists are especially at risk for grave injuries in an accident due to the unenclosed design that leaves no metal barriers between the biker and the road. Although a helmet protects against many types of traumatic head injuries, the remainder of the motorcyclist’s body is at risk of severe injuries, especially in a collision with a 4,000-pound metal vehicle or direct contact with the road.
After a motorcycle accident, an injury victim may find expensive medical bills for surgeries, procedures, treatment, and physical therapy piling up at the same time they’ve missed many days, weeks, or even months of work. A personal injury claim for damages like medical expenses, lost income, and compensation for pain and suffering can make all the difference for a victim’s financial recovery while they focus energy on their physical recovery. But first, it’s important for motorcycle accident victims to file a claim before Florida’s newly shortened statute of limitations expires. Attempting to file a lawsuit past this date results in the court tossing out the case.
Until recently, Florida allowed all injury victims up to 4 years after an injury to file a personal injury lawsuit against a liable party to seek compensation for damages. As of March of 2023, that time clock was reduced to two years after the date of the injury, including for motorcycle accident claims. This change only applies to motorcycle accidents and other injuries that accrue after the date of the change that occurred in March. If your injury occurred before that time, you may still have up to four years to file a claim. For motorcycle accidents that occurred after March of 2023, the statute of limitations for injury claims is two years from the date of the accident.
Statutes of limitations for motorcycle accident claims and other injury lawsuits serve to ensure the following:
Florida’s Governor Ron DeSantis reduced the amount of time victims have under the state’s statute of limitations with the intention of reducing the number of lawsuits that come to court when evidence is no longer available or reliable. However, this places considerable constrictions on the amount of time that injury victims and their attorneys have to investigate the motorcycle accident, determine the liable party, prove negligence, and negotiate with the insurance company to attempt a settlement before taking the matter to court.
“Tolling” or the delaying of the statute of limitations for motorcycle accident claims occurs only under limited circumstances including the following:
If you have questions about the Florida statute of limitations and its impacts on your motorcycle accident claim, it’s important to speak to a Florida motorcycle accident attorney as soon as possible after your accident. Reach out to the motorcycle accident lawyers in Sarasota and Bradenton at Shapiro | Delgado | Hofmann to get the compensation you deserve.