What is the Statute of Limitations for a Boating Accident Lawsuit in Florida?
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Many residents of Florida and tourists to the state are interested in sailing and other similar activities. However, whether you are booking a boat tour or going scuba diving, you should be aware of the inherent risks of the activity you are performing. If your boat captain or other crew members act negligently, this could cause a customer to be involved in a serious accident. If you or a family member was injured in a boating accident in Florida and are concerned about the statute of limitations for the potential case, you should speak with an experienced Miami boat accident lawyer as soon as possible. At Rivkind Margulies & Rivkind, P.A., we are committed to providing our clients with aggressive legal representation to fight for the compensation you deserve. Our firm is here to explain the statute of limitations for boating accident lawsuits in Florida.
How Does the Statute of Limitations for Boating Accident Lawsuits Work in Florida?
Boating trips offer a memorable experience, whether you are a resident of Florida or you are visiting the state. When boarding a ship, you expect that the captain of the boat and the crew members will act responsibly and ensure that all safety precautions are upheld. However, if the captain or a member of the crew acts negligently, you or a family member could be seriously injured
If you were injured while on a boating trip, you will obviously be concerned about seeking damages from the person or company responsible for your injuries. One of the most important factors that you should consider when considering a boating accident lawsuit is the statute of limitations for your potential case.
The statute of limitations is a law that places a typically strict time limit on how long a potential plaintiff has to file a particular lawsuit with a court of law. Note, however, that the statute of limitations only affects the amount of time a person has to begin their lawsuit. Once the lawsuit is timely filed with a court of law, there are no limits for how long it can be litigated. Every state has statutes of limitations laws which are not uniform across all states. This means that it is likely that multiple states will not share the same statute of limitations deadline for a personal injury case.
Additionally, it is possible that the statute of limitations is subject to change depending on the circumstances of the victim’s case. For example, a victim that wishes to file a breach of contract lawsuit may have a longer filing deadline than a victim that wishes to file a personal injury lawsuit.
To avoid the possibility of missing your filing deadline, it would be best to contact an experienced Florida boat accident attorney that is familiar with the statute of limitations laws for the state.
To know more about when you need to file a boating accident lawsuit in Florida, you should continue reading and speak with an experienced Florida Keys boat accident attorney as soon as possible.
When to File a Boating Accident Lawsuit in Florida
Boating accident lawsuits would fall under the umbrella of a personal injury claim. In Florida, a victim of a boating accident must file their personal injury lawsuit within four years of the date of the injury to avoid violating the statute of limitations.
If you miss the filing deadline by even a few days, you will be unable to litigate your case at all. The defendant in the case can request that the court dismiss the lawsuit entirely, which will eliminate all your legal options to obtain compensation from the defendant. That is why it is important to avoid making assumptions about your filing deadline and seek the aid of an experienced Florida lawyer for boat accidents caused by captain error. Our firm will ensure that your case is timely filed with the appropriate court of law.
Extension of Statute of Limitations
It is also important to note that although the statute of limitations is a strict deadline, there are some circumstances that may allow you to extend your filing deadline. Here are some circumstances that may extend your statute of limitations deadline for boating accident lawsuits in Florida:
- You did not experience symptoms of your injury until a later date after the boating accident
- The defendant attempts to avoid service of process for the boating accident lawsuit or the defendant flees the state
- The victim is incapacitated and cannot pursue a boating accident lawsuit
- The victim of the boating accident is a minor
Please do not assume that you have the ability to delay the filing deadline for your boating accident case. As mentioned, an incorrect guess about your filing deadline will mean that you cannot recover damages for your injuries.
Work with Our Experienced Florida Boating Accident Attorney to Discuss the Statute of Limitations for Your Case
If you were severely injured in a boating accident in Florida and you are unsure about the filing deadline for your case, contact an experienced Intracoastal Waterway boat accident and Florida dive boat scuba drowning accident lawyer immediately. The skilled personal injury attorneys at Rivkind Margulies & Rivkind, P.A., possess a wealth of experience litigating a variety of cases, and we are here to stand with you. To schedule a free legal consultation to discuss your potential personal injury case, contact Rivkind Margulies & Rivkind, P.A., at (305) 204-5369. You may also use our online submission form to schedule your consultation.