You may be entitled to compensation if you are injured due to another person’s wrongful conduct or negligence. You can recover compensation by seeking compensation directly from the insurance company or by filing a civil case in court, allowing the judge to determine the compensation you deserve.
When filing an accident claim, you must stick to the deadlines set by the state, commonly known as the statute of limitations. Failure to file a claim within these time limits denies you the right to recover compensation. Understanding the statute of limitations for accident claims in Florida and how to navigate them is critical to ensuring you recover maximum compensation for your injuries.
If you have suffered an accident and want to seek compensation, you will need the guidance of a skilled personal injury lawyer. The attorney will help you file and negotiate your claim within the accepted time frame.
Understanding the Statute of Limitations
Accidents cause severe injuries, disability, death, and property loss. Most accidents are a result of another person’s negligence or wrongdoing. In Florida, negligence occurs when a person acts with disregard for the safety of others. The impact of these accidents could take a toll on your physical, emotional, and financial well-being. Fortunately, victims of negligence do not have to deal with the financial impact of this incident.
You can be compensated for the injuries or a loved one’s death by filing a personal injury or wrongful death claim against the person liable for the accident. Under Florida personal injury laws, you have a limited window to file your lawsuit. Therefore, you must understand the limits applicable to your case to ensure you maintain your right to compensation.
The state sets a statute of limitations for accident claims to ensure that you bring a claim while the incident is fresh and that no evidence is lost. The statute of limitations for accidents in Florida varies depending on the following factors:
- The parties involved in the accident.
- The victim's age.
- The nature of your claim.
You have up to two years to file a personal injury claim for the following types of accidents:
- Car accidents. Auto accidents are a leading cause of injuries or deaths in the United States. Most auto accidents result from negligence by drivers and other road users. If you are injured in a car, motorcycle, or truck accident, you must file for compensation within two years.
- Premise liability. Property owners are responsible for ensuring the premises are safe for other people. If you suffer a slip and fall or another accident, you can file a claim against the property owner within two years for their negligence.
- Product liability. Manufacturers of defective products are liable for the injuries resulting from their products. A product liability claim is based on breach of warranty and negligence. If you are involved in an accident resulting from defective vehicle parts, you could file a claim against the manufacturers. You will have up to two years to seek compensation for the injuries.
Depending on your case circumstances, your statute of limitations for your accident claim will start running at any of the following points:
- The accident dates. In cases where your injuries are apparent, the statute of limitations for filing a claim against the liable parties starts ticking from the accident date. For example, if you are hit by a vehicle while walking on the streets, the injury is evident, making it easier to file a claim.
- After the discovery of the injuries. Sometimes, accident injuries are not apparent. In this case, your statute of limitations will start when you discover the damages.
- Wrongful death incidents. Accidents can result in severe injuries or death. While some victims lose their lives at the time of the accidents, some people will succumb to the injuries after prolonged exposure. If you lose a loved one in an accident, you can be compensated for the wrongful death by filing a claim. Therefore, the statute of limitations for a wrongful death claim will start from the date of death and not the date of injury.
Exceptions to the Time Limits for Filing a Car Accident Claim in Florida
While you have up to two years to file a personal injury claim for your accident injuries, there are some exceptions to this statute of limitations. Under the following circumstances, the time within which you must file an accident claim in Florida is different:
Your Injuries Took Longer to Discover
Not all injuries are apparent after an accident. Sometimes, the shock of involvement in an accident can mask the injuries. A delay in discovering your injuries could cause you to develop severe complications and, sometimes, chronic conditions.
Unfortunately, some people will discover the injuries after the statute of limitations has elapsed. If you are in such a predicament, your statute of limitations for filing your claim will start when you discover the injuries.
Underage Victims
Accidental injuries could affect individuals of all ages. When a minor suffers an injury from another person’s negligence, their parent or guardian can help them recover compensation. However, there are times when no one can guide the child through the claim process.
In Florida, underage victims of negligent acts have an extended statute of limitations. This means they can still file a claim and recover compensation in adulthood. A personal injury lawyer will review the available evidence on the accident and how it affected the child’s life to ensure maximum compensation.
The Defendant is Out of State
You may be unable to file a successful personal injury claim if the person liable for your accident or injury is out of the state. In this case, your statute of limitations will stall until the defendant returns. This helps prevent people from fleeing to other states to avoid civil liability for their actions. Therefore, you will have more time to collect evidence and build a case before the defendant returns.
Government Defendant
You can file a claim against a government entity if your injuries result from negligence. For example, if defective road conditions caused your auto accident, the defendants in your claim will be the government entity responsible for road construction and maintenance. In Florida, you have up to six months to file a claim against the government, after which you lose your chance to recover compensation.
What happens if the Statute of Limitations Passes?
Compensation for the injuries you suffer after an accident allows you to cover the financial losses associated with the accident. Unfortunately, if the statute of limitations has elapsed, you will lose your right to file a successful claim and recover compensation. When working with the statute of limitations, you must understand that the clock will start ticking from the accident date. Therefore, you must act promptly if you believe your accident claim is legitimate.
How Do Insurance Policy Terms Affect Your Ability to File a Claim?
The emphasis on the statute of limitations could lead you to believe it is the only factor affecting your claim. However, when seeking compensation after an accident, you must consider the terms of your insurance policy. Immediately after an accident, most liable parties will not quickly admit the part they played in the accident. Therefore, you may need to deal with your insurance company until the fault is determined and you receive compensation.
Insurance policies specify when you must notify them of your involvement in an accident and a potential claim. Failure to abide by these terms could impact your ability to seek compensation and negotiate a settlement. If you are injured in an accident, you must contact a skilled personal injury lawyer to help you understand the insurance policy timelines and the statute of limitations for your claim.
Advantages of Acting Quickly Toward an Accident Claim
Since there is a specified time within which you must file your claim after an accident, waiting to pursue your claim could cause you to lose numerous advantages for your case. This could create substantial obstacles when you decide to seek compensation. The steps that you can take to speed up your claim include:
- Call 911. Seeking emergency care is the first step that you must take after an accident. This allows for police to arrive at the scene. Individuals injured in the accident can also receive the medical care they need. Law enforcement officers will write a report that can be critical in your journey to prove liability and recover compensation.
- Seek immediate medical care. Accidents can result in mild to severe injuries, depending on the circumstances. Seeking medical care allows you to be treated for your injuries and prevents further complications. Additionally, it gives you time to have all your injuries treated before the statute of limitations for filing your claim elapses. After treatment, you must have your injuries and treatment documented. This helps you recover maximum compensation.
- Seek legal representation. The issues surrounding time limits for filing an insurance claim or an accident lawsuit are complex. Therefore, you will need expert legal insight to work within the deadlines and recover the compensation you deserve. Your attorney will help you speed up the process and give you time to recover.
- Contact the insurance company. Insurance companies have time limits within which you must notify them of the accident. If you are injured in an accident claim, you will deal with your insurance provider and that of the at-fault party. Therefore, you must notify the insurance company of the accident.
Although you need to focus on your health and recovery after the accident, you will enjoy the following benefits from acting quickly:
Allow your Lawyer to Gather Evidence.
Preparing a personal injury claim takes a while. When you contact your attorney, they need time to gather all the evidence needed to build a strong claim and increase the chances of compensation. The more time your lawyer has, the more evidence they can collect for the case.
When you seek legal representation with little time left from the statute of limitations, they cannot prepare adequately. Therefore, you must contact a lawyer immediately after the accident.
Preservation of Valuable Evidence
When filing a car accident claim, you will require different types of evidence, including witness testimony, photographs, expert testimonies, and medical records. The strength of your evidence could make or break your personal injury case. Tracking the evidence could become more difficult when you wait to file a claim.
Additionally, working within the accepted time limits helps keep the recollection of events by witnesses fresh. For example, if a witness moves from the state, their testimony could be lost. For this reason, you must be quick to file your claim before the evidence expires.
Faster Compensation
Another reason you should begin your claim process immediately after suffering the injuries is to ensure a faster resolution of your claim. Before you recover compensation, you may need to cover all the costs associated with treatment and recover the losses caused by the accident. If you act quickly to file a claim, you can recover compensation and reduce the financial impact of the accident.
Find a Competent Personal Injury Lawyer Near Me
You can file a claim against a person or entity responsible for an accident in which you were injured. The claim allows you to be compensated for the injuries and losses associated with the accident. While you nurse your injuries and deal with the aftermath of the accident, you must file your claim within four years, according to the statute of limitations for accident claims in Florida.
Unless you have unique circumstances, you cannot recover compensation for your injuries if you file a claim after the statute of limitations has elapsed. You can ensure that your claim is presented and paid within the accepted time by acting quickly and following the right steps for investigating the accident and filing your claim.
The damages you can recover in a successful accident claim include medical bills, lost wages, and lost earning capacity. The statute of limitations is a strict deadline, and following it will require the expert guidance we offer at Jacksonville Personal Injury Attorney. We serve clients seeking legal guidance and representation to battle personal injury claims in Jacksonville, FL. Call us at 904-800-7557 to discuss the details of your claim.
