You have two years to file a lawsuit from the date of the car accident under state law. If you miss this deadline, called a “statute of limitations,” you will not be able to file a claim for your injuries and losses due to the car accident.
An Orlando car accident lawyer can tell you more about how long after your car accident you can wait to file your claim in Orlando. While you do not want to rush into anything, unnecessarily delaying legal action rarely helps and can in fact hinder your ability to collect damages.
The Statute Of Limitations Could Impact Your Case
The statute of limitations deadline in Florida has recently changed. Per Florida Statutes § 95.11(3)(a), where you used to have four years to file a personal injury claim or lawsuit, the new time limit is two years from the date of the car accident.
This may seem like a long time, but there are obstacles that make bringing a claim before that time frame challenging. For instance:
- Insurance companies often prolong their investigations purposefully or use stalling techniques.
- Some insurance companies will continue to offer very low settlement compensation packages, hoping that a victim will grow weary of the process and simply accept the lower amounts.
- An insurance adjuster from your insurer or the responsible party’s insurer may try to convince you that you need to give them a recorded statement. In reality, you have no obligation to do so.
Oftentimes, insurance companies may simply stall and delay in an attempt to make the victim miss the statute of limitations on purpose. Regardless of which tactic they use, insurance companies typically prioritize themselves over the accident survivor, so negotiating with insurance companies can be extraordinarily challenging.
Having a car accident attorney handle your negotiations with insurance companies can be a useful tool to speed up the process of either receiving compensation sooner or filing your claim in court before the two-year deadline.
Exceptions To The Two-Year Statute of Limitations
There are some exceptions to the two-year statute of limitations deadline. This deadline relates only to personal injury claims that are based on the other driver’s negligence.
Wrongful Death Claims
If a person died in a car accident, it is considered a wrongful death claim instead of a negligence claim. The statute of limitations is two years from the date of the death, as explained at Florida Statutes § 95.11(4)(d).
Filing a Personal Injury Claim Against the Government
Another example of an exception to the statute of limitations is if you are filing a claim against the government after a car accident. In these cases, you have three years to provide notice to the government that you are filing a lawsuit. You can find this and other requirements at Florida Statutes § 768.28(6)(a).
Deadlines For Filing Claims With Insurance Companies
Florida is a “no-fault” automobile insurance state. This means that you must first file a claim with your own car insurance after an accident through your personal injury protection (PIP) coverage, regardless of who is at fault for the car accident. Only after you have done this can you file a claim against the negligent party.
One important deadline imposed by Florida Statutes § 627.736 is that you must seek medical treatment within 14 days of your car accident to receive coverage of your medical bills. If you do not seek medical attention within that period of time, you will lose the right to receive compensation for your injuries through your own PIP coverage.
Other Reasons Not To Wait To File A Claim
When considering how long after your car accident you can wait to file your claim in Orlando, the statute(s) of limitations should not be your only concern. You should also think about how you can collect enough evidence to prove that:
- The at-fault driver or other liable party behaved negligently and caused your accident.
- Your accident caused you to incur financial losses due to property damage, emergency medical care and other medical expenses, and missed work days.
- Your accident caused you significant physical pain and emotional distress.
This evidence can take the form of a statement from your medical provider, medical records, police reports, video footage, still photos, and witness statements.
One of the benefits of hiring a personal injury attorney is that they can collect these kinds of evidence on your behalf. However, they will have a much easier time building your case if the auto accident is still a recent event. Once too much time goes by, evidence may get lost and memories may fade.
Contact A Car Accident Lawyer In Orlando, FL
How long after your car accident you can wait to file your claim in Orlando, FL, will depend upon your specific situation. While filing a lawsuit as soon as possible is always preferable, oftentimes, you must wait for detailed information regarding your medical condition or the actual car accident investigation.
Contact the attorneys at the Law Offices of Anidjar & Levine to help you understand the timeline involved in filing your specific car accident claim. We offer free case reviews and can fight hard for fair compensation for you.
