What is the statute of limitations for a Florida bicycle accident? The answer: it depends!
Let’s look at a few different examples to see the statute of limitations for Florida bicycle accidents.
- What is the statute of limitations for a Florida bicycle accident?
- What if the Florida bicycle accident involves a Florida governmental entity?
- What about Florida bicycle accidents involving a death?
- What if I waited a year or two bring my bicycle accident claim?
- If I missed the statute of limitations deadline, can I still make a bicycle accident claim?
What is the statute of limitations for a Florida bicycle accident?
As you can see, the general statute of limitation is 4 years. The statutory section is Florida Statute Section 95.11(3), found here.
Additionally, the full transcript to the video is at the bottom of this post.
What if the Florida bicycle accident involves a governmental entity?
If the bicycle accident involved a governmental entity, the statute of limitations is 3 years.
More specifically, under Florida Statute Section 768.28(6)(a), a negligence claim against a governmental entity must be brought within 3 years, or 2 years if the claim involves a wrongful death.
What about Florida bicycle accidents involving a death?
Unfortunately, many bicycle accidents involve deaths. For more on Florida’s bicycle accident statistics, check our prior blog posts. For 2019 Florida bicycle accident statistics, click here. Additionally, if you would like to read about Florida’s 2020 bicycle accident statistics, click here and here. And, for 2021 Florida bicycle accident statistics, click here.
If the bicycle accident involved a death, the statute of limitations is 2 years under Florida Statute Section 95.11(4)(d).
What if I waited a year or two to bring my bicycle accident claim?
If you waited a year or so after your bicycle accident, you can still bring a bicycle accident claim.
After a bicycle accident claim, it is critically important to begin taking steps to preserve your claim. This includes taking photographs of your injuries, photographs of the damage to your bicycle, identifying the at-fault driver, and seeking immediate medical attention.
For more on the steps you should take after a bicycle accident, click here.
If I missed the statute of limitations deadline, can I still make a bicycle accident claim?
Unfortunately, you cannot.
You can expect the at-fault driver or his or her insurance company will deny your claim due to the statute of limitations.
That is why it is critically important to present your claim as soon as you can.
Barthelette Law, Your Florida Bicycle Accident Lawyer
At Barthelette Law, we have the privilege of representing bicycle accident victims.
It would be our privilege to represent you in your bicycle accident claim.
Do not hesitate to call (561) 246-4137 or email us today.
Ride safely!
Full Transcript