The question that arises more often when people are met with lawsuits is “How long do I have till I can file my lawsuit”? The truth is, no single answer fits this question. Every state is governed by its own rules, and in this case, every state will have its time limits, known as the statutes of limitations. Moreover, the time which you must present a lawsuit is dependent on the type of claim.
For instance, laws in a state or city such as Miami may allow a personal injury plaintiff a year from the date of injury to present a lawsuit against the defendant. On the other hand, the same laws may allow a breach of contract plaintiff four years from the date of contract breach to sue. Although this may seem confusing, don’t stress – Your Insurance Attorney is here to guide you through this process.
Application of Statute of Limitations to Insurance Policies
Whenever you have issues with your insurance company, it is wise to send a simple letter to the company to preserve your legal rights. With most insurance companies, there is a provision labelled “Suit Against Us” which indicates that the policyholder has one year from the date of loss or harm to file a lawsuit concerning a claim under the existing policy.
Keep in mind, the law in your state may override that provision and allow you more than one year. Even if you are considering suing your insurance company, it is essential that you safeguard your right to do so. This is because once you lose this right to sue, all leverage to get your insurer to make payments on a claim is virtually lost. In case of property damage, it is wise to find the best property damage lawyer Miami offers to guide you with the steps to follow.
The Essence of Deadlines with Lawsuits
Setting deadlines on when to file lawsuits encourages people to solve disputes promptly and efficiently and also keep evidence fresh. The most important thing is to know what duration the law allows you.
Choose a property damage lawyer Miami locals trust and they will advise you to ask your insurance company in writing to extend the deadline for the lawsuit, tabling solid reasons for the insurance company.
Stopping the Clock for A Lawsuit
In many states, there are “case” laws that stop the deadline clock while your presented claim is being adjusted. Instead of having one year from the day your property was damaged, you have a year from the day your insurance claim is denied or closed.
This process is known as “tolling.” Essentially, your lawsuit deadline is being “tolled” as your claim is being adjusted. Whenever you are approaching the first anniversary of an occurrence that caused damage or harm and have filed an insurance claim, it is essential that you don’t miss any legal deadlines or you may lose your leverage to impose your rights to a just settlement.
Your Insurance Attorney
Do you have questions about the statute of limitations for filing a lawsuit against your insurance company? Feel free to contact us or visit our office in Miami for a one-on-one session.