In most cases, the statute of limitations is two years from the date of the accident, and it applies to cases of international air travel, product liability or negligence claims against most states or the federal government. For example, if an aviation accident occurred on October 1, 2015, you must file a Florida aviation accident claim by October 1, 2017.
In Florida, for some aviation accident cases, limitation periods can be quite short, but there are a number of factors, which affect how long the time limit will be in a case. For example, the deadlines vary according to the type of claim as well as the applicable law.
Common deadlines that may apply in Florida aviation accident cases:
The Florida legislature enacted a statute of repose, restricting or limiting product liability causes of action. Rather than establishing a time limit within which an action must be brought, measured from the time of accrual of the cause of action, the statute of repose cuts off the right of action after a specified time measured from the delivery of a product. The statute prevents plaintiffs from using modern standards and expectations to impose perpetual liability on manufacturers and distributors for outdated products.
The statute of repose is "12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product" (The 2017 Florida Statutes Title VIII 95.031.) The statute does not apply to commercial aircraft.
If you suffered a personal injury, the defendant is responsible for paying for your medical care, past and future lost earnings and compensation for pain and suffering. Also, your spouse might be entitled to loss of consortium.
If a loved one died, the recovery usually starts with the amount of economic support and services that you lost. In many jurisdictions, additional amounts, such as the loss of companionship, loss of prospective inheritance, pain and suffering, grief, mental anguish and emotional distress damages may be available.
Choose an aviation accident lawyer in Florida who specializes in personal injury and wrongful death claims, not a general practice attorney. Why? Personal injury law is intricate. A lawyer who specializes in it has the skill, experience, and reputation that can maximize your recovery. At The Law Offices of Sean M. Cleary, we understand what you are going through, and we know how to help. The time to file your claim is limited, so call today 305.416.9805 for the Miami aviation accident attorney at The Law Offices of Sean M. Cleary to schedule a free case evaluation.