How Long do You Have to Sue After a Car Accident in Florida?
After a car accident, a person will many thoughts flying through their head. Some of the questions usually include, “was anyone else injured,” “am I injured,” to “how am I going to get to work tomorrow?” When someone suffers severe injuries, their only thoughts might center around medical treatment. While many people might not immediately be thinking of a personal injury lawsuit, the experienced Miami car accident lawyers at Rivkind Margulies & Rivkind, P.A. know that your chances of success increase the sooner you start building a case. Furthermore, you have a set deadline to file a lawsuit. Below, our Miami personal injury attorney discusses the statute of limitations and why it is essential to talk with our office.
Florida Statute of Limitations for Car Accidents
The statute of limitations is a law that sets deadlines to file lawsuits in court. These time limits are intended to benefit all parties involved in a dispute by ensuring that cases are brought in a timely fashion. In many cases, statutes of limitations reduce the number of fraudulent or frivolous lawsuits filed in Florida.
Florida’s statute of limitations for cases based on a negligence claim is four years from the date of the injury. Therefore, if you were hurt in a car accident, you have four years to file a lawsuit. If you file a claim after the deadline has passed, a Florida court will likely dismiss your case. To ensure you do not miss this deadline, you should be working with our experienced Hialeah car accident attorney.
If you lost someone in a car accident, you could be entitled to file a wrongful death claim. These claims are similar to a personal injury claim in that you will still have to prove another party was negligent. However, there is a different statute of limitations. In Florida, a wrongful death lawsuit must be brought within two years from the date of death. However, the date of death is not always the date of the accident. In fact, a person could file a personal injury lawsuit within the four-year time limit, succumb to their injuries after the four years have passed, and their family could be entitled to file a wrongful death lawsuit. It is important to talk with our Florida car accident attorney if you lost a loved one in a crash.
You Should File a Lawsuit for a Florida Car Accident Sooner Than Later
The Florida statute of limitations is a deadline, not a suggestion. However, that does not mean you should wait. Building a personal injury claim takes time. After an accident, many victims find themselves focusing on medical treatment or physical therapy. Furthermore, an injured person could be working with an insurance company, trying to negotiate a settlement. These activities could distract the victim of a car accident from seeking legal assistance.
Dealing With Insurance Companies
If you are talking with an insurance company, you need to know what your claim is worth. Insurance companies are not working for you and are only interested in limiting the amount of money they must pay. To know if a settlement offer is fair, you need to understand the losses you are entitled to recover. Speaking with our Florida car accident attorney immediately following an injury will allow our office to evaluate your case. This will give you the required knowledge to make an informed decision.
More importantly, however, if you have legal representation, an insurance company will believe you could be willing to take your case to court. This serves two purposes. First, a more generous settlement amount might be offered to avoid going to court. Secondly, an insurance company knows the statute of limitations and could be dragging negotiations out beyond the deadline. Once that date passes, it does not matter that you were trying to work out a settlement. You will be prohibited from filing a personal injury lawsuit. With our Kendale Lakes car accident lawyer working on your behalf, it is unlikely that an insurance company will act in this manner.
Building Your Personal Injury Case
While you could wait three years and three hundred and sixty-three days to file a personal injury lawsuit, it will significantly decrease your chances of receiving an award. Building a personal injury case takes time and patience. To prevail in a personal injury case, you need to prove that another party was negligent and you must document your injuries and damages.
To craft a personal injury claim, our Miami Gardens car accident attorney needs evidence. In most cases, the best evidence available is right after an accident occurred. Pictures of the scene, witness testimony, and surveillance video could all be lost if your wait to contact our office. Additionally, personal injury lawsuits require thorough documentation of your injuries. Without documenting and linking your injuries to the accident, it is almost impossible to win the compensation you deserve. If you wait three years to file your claim, a competent defense attorney will question the seriousness and origins of your injuries.
Call Our Florida Car Accident Attorney for a Free Consultation
Driving is a part of everyday life. Unfortunately, accidents occur. Car accident victims often face years of medical treatment, mounting expenses, and lost income because of their injuries. If someone else was to blame, they should be held accountable. However, our Florida car accident attorney knows that you have a deadline to sue after a car accident in Florida. More importantly, waiting to file a case lowers your chances of success. Our Miami motorcycle accident lawyers also handle other motor vehicle accident claims. If you or a loved one was injured in a car or other auto crash, call Rivkind Margulies & Rivkind, P.A. at (866) 386-1762 to schedule a free consultation and review your legal options.
