Up until 2023, Florida law gave you 4 years from the date of your accident in order to file a lawsuit against private landowners responsible for negligently maintaining the road or path. As of 2023, it's now 2 years from the date of your accident.
But most roads, bike lanes, and trails are not maintained by private parties - they are maintained by Federal, State, or Local government. Different rules apply to bringing a successful legal claim for the negligence of the government.
Before you can sue the State or Local government in Florida, you must send them a written notice of claim within 3 years of the date of your accident. The content and form of this notice letter is very specific. It must be delivered in a very specific manner. It is very important that the letter be adequate, or the court could dismiss your legal claim. For this reason, please get in touch and let me help prepare and deliver the notice letter.
Before you can sue the Federal government for it’s negligent maintenance of a road or trail, you must file a written notice that is commonly called a “standard form 95”. There are two deadlines in a negligence tort case against the Federal government. The law requires a claimant both to file a claim with the relevant federal agency within two years of the tort and to file a suit in federal court within six months of the agency's written denial of the claim. A claim must be filed within two years of the date the claim accrued.
It takes effort and expertise to prepare the notice letter, standard form 95, or lawsuit, so you should contact me right away. Don’t wait until the deadline is approaching.