How long you have to file a scooter accident claim in Florida depends on the type of claim and the other parties involved. If you miss the deadline for filing your claim for a Davie scooter accident, you can lose the right to seek compensation from any liable parties at a later time.
How Long You Have to File a Scooter Accident Claim in Florida If You Are Injured Due to Someone Else’s Negligence
Per Florida Statute § 95.11, if you are injured in a scooter accident due to another party’s negligence, you generally have two years from when the cause of action accrues to file a lawsuit. However, certain exceptions can apply.
If you were injured in a scooter accident that took place before March 24, 2023, you may still be eligible to file a claim in accordance with the four-year personal injury statute of limitations that was previously in effect, depending on when the cause of action accrued and other applicable rules.
In some scooter accidents involving minors, Florida law provides tolling. Since rules governing minors’ claims can be fact-specific, it helps to have an attorney with relevant scooter accident case experience review your case and discuss the applicable deadline for filing a claim.
How Long You Have to File a Wrongful Death Scooter Accident Claim in Florida
Based on Florida Statute § 95.11, those who have lost a family member in a fatal scooter accident and are eligible to file a wrongful death claim on their behalf typically have two years from the date of death to proceed with this option.
Under Florida law, the personal representative of the estate of a deceased person (decedent) is eligible to file a wrongful death lawsuit on behalf of surviving family members and the estate.
How Long You Have to File a Scooter Accident Claim in Florida Against a Government Entity
The statute of limitations for filing a scooter accident claim against a government entity in Florida varies based on the facts of the case.
In alignment with Florida Statute § 768.28, to start the claims process, you may have to send a formal written notice of your claim to the appropriate government agency within the applicable statutory deadline after the claim accrues. For claims against certain state agencies or subdivisions, you may have to provide written notice to the Department of Financial Services as well.
Once your notice is filed, the government entity may have 180 days (six months) to investigate and respond to your claim. During this time, you may not file a lawsuit unless the government entity formally denies your claim in writing sooner.
If the investigation period passes, you can file a lawsuit against the government entity. However, you will need to make sure that your lawsuit is filed based on the statute of limitations that applies to your case.
How Long You Have to File a Scooter Accident Claim in Florida If You’re Partly at Fault
If you are partly at fault for a scooter accident, you may still recover compensatory damages from another at-fault party. Florida’s comparative fault rule, defined under Florida Statute § 768.81, can reduce your damages based on your percentage of fault.
Under this rule, if you’re 50% or less at fault, the court can award partial damages. On the other hand, if you’re more than 50% at fault, you cannot recover damages.