Is There a Time Limit to Make Car Accident Injury Claims?
You’re making headway in your list of daily errands, driving to the grocery store and crash. Another driver runs a red light and smashes into the side of your car. Not only is your car damaged, but you’ve been injured.
Car accidents happen virtually every minute of the day, and they’re hard on everyone involved. If you’re injured in a car accident because of another driver, you’ll have to deal with insurance, recovery and financial burdens, but what about legal action?
It might be necessary to file a lawsuit to cover medical expenses, long-term care or loss of wages, but there’s a time limit to make car accident injury claims. We’ll cover this and the steps to take to secure financial compensation.
Florida’s Personal Injury Statute
Opportunities to file suit after a car crash aren’t limitless. From the moment a car accident happens, the clock starts ticking for personal injury claims. According to Title 8, Ch. 95, Sec. 95.11, car accident victims in Florida have 4 years to file a personal injury lawsuit to receive damages. The state’s generous time limit provides opportunities to fully recover from the mental and physical aftereffects of car accidents, and accurately quantify the financial burden.
Remember, though, that Florida is a “no fault” state. That doesn’t mean one driver isn’t to blame for an accident, but there are limits to how insurance and legal cases are handled. Before you file a claim with the opposing driver’s insurance or pursue legal action, your auto insurance will provide financial reimbursement for personal injury, including medical bills and lost wages averaging $10,000.
If you’ve been severely injured and have amassed debt exceeding the personal injury coverage of your auto policy, it’s possible to seek damages from the other driver. Injuries that result in a permanent deficit, substantial disfigurement or physical disability override “no fault” status, and you can sue another driver.
Car Accident Personal Injury Lawsuits
Sometimes a lawsuit is the only way to financially recover from a traumatic incident. Between hospital stays, vehicle repairs, physical therapy and more, it’s just too much to handle. When you take your case to court (or negotiate a settlement), your car accident injury claim might result in financial awards for:
- Medical bills, hospital stays and physical therapy
- Pain and suffering
- Lost wages or future earnings
- Wrongful death expenses (if applicable)
It doesn’t matter if you file suit for your car accident right away or after a prolonged recovery period, but you and your lawyer must have some idea of your medical outlook at the start of your case. That’s because maximum medical improvement (MMI) can affect your financial award.
MMI gauges whether you’re as healthy as is medically possible in the wake of your injuries, and it helps your legal team put a value on your damages and future medical needs. It helps the court decide what’s fair if a trial rules in your favor, and provides a guidepost for negotiations if you opt for a settlement.
Contact Florida Car Accident Lawyer Team for Your Personal Injury Claim
Official deadlines aside, any victim of a car accident should contact a lawyer as soon as possible if legal action is appropriate. But we want you to take care of your health needs first, because that should be your top priority.
When you’re ready, our experienced team of car accident attorneys will be there to ease the stress of filing a lawsuit. We’ll talk to witnesses, gather evidence and coordinate with the opposing party so you don’t have to. Schedule a free evaluation today to get started on receiving the financial compensation you deserve.