Find out how long you have to start a car accident lawsuit.
If you had a car accident in which another driver was at fault, you could sue for certain damages. However, in most states, you have only a fixed amount of time to file a lawsuit. In Florida, you have four years from the date of the negligent act to file a car accident lawsuit, per Florida Statutes § 95.11(3)(a).
This is known as the statute of limitations. If you suffered injuries in a car accident, the attorneys at our firm could help you decide if filing a lawsuit is in your best interests. Time is of the essence. We can offer a free case evaluation.
When Should I Sue for Car Accident Negligence?
In Florida, the at-fault party’s insurance pays for the damage to all vehicles, while each driver files a claim with his or her own insurance company for bodily injury. If your property damage or bodily injuries do not significantly exceed the insurance policy’s limits, there may not be a need for a lawsuit.
However, if your property damage is greater than what the at-fault driver’s insurance company is willing to pay, or if you have medical expenses and other economic damages that exceed the limits of your personal injury protection (PIP) policy, you might consider suing the at-fault driver for damages.
Why You Should Contact an Attorney As Quickly As Possible After a Car Accident
After a car accident where another party was at fault, you should contact an attorney’s team as quickly as possible. They will explain if you need a car accident lawyer and will protect your rights if you do.
There are several reasons to get started on your case promptly. For instance, you can:
- Learn your case’s value before accepting an offer: Insurance companies often contact an auto accident victim before they’ve hired an attorney. Then they try to convince them to accept settlements hastily. However, if you accept such an offer, you almost always leave money on the table. An attorney can protect you from accepting an offer that does not compensate you fairly for your losses.
- Find out if you should file a lawsuit: If you suffered injuries in the crash, a lawyer can help you estimate your current and future medical expenses and lost wages, as well as any pain and suffering damages you might be eligible for. From this information, your lawyer can determine if a lawsuit against the negligent parties makes sense.
- Start gathering crucial evidence for your case before it expires: Important evidence for your case can disappear soon after an accident. For instance, witnesses can forget details about an incident soon after a crash, so their statements should be gathered as soon as possible.
- Give your legal team more time to build a strong case: It takes time to build a solid case for your compensation. The sooner you act, the more time you give your legal team to determine a legal strategy, build evidence, and seek the compensation you deserve.
How Long Do I Have After a Car Accident in Tampa or Orlando to File a Lawsuit?
Ideally, you should visit a doctor to check for injuries and contact an attorney immediately after an accident.
However, what if the damage was minor and you did not have any apparent injuries after the crash? Perhaps you accepted the insurance company’s offer and went on with your life. Then months or years later, you discovered you had latent injuries from the accident.
In these cases, you can still file a lawsuit and have a chance of winning; presuming, of course, that you are within Florida’s four-year statute of limitations. The statute of limitations begins when your car accident injury happens.
How Long After My Car Accident Can I Wait to Seek Medical Treatment?
If you haven’t filed a claim yet, you should know there are deadlines for filing claims with insurance companies. One important deadline imposed by Florida Statutes § 627.736 is that a claimant must seek medical treatment within 14 days of an incident to receive coverage of certain damages leftover from the incident.
If you do not seek medical attention within that time, you will lose the right to receive compensation for your injuries through your own PIP coverage. You may also lose the ability to collect other types of damages, including punitive damages.
I Was in a Car Accident a Few Years Ago and Haven’t Hired a Lawyer; Do I Still Have Time?
In some situations, the court will extend the statute of limitations if it determines you had no way of knowing about your injury until a later date. However, if the reason you did not know was that you failed to visit a doctor, you likely won’t receive an extension.
Under Florida Statutes § 95.051, you could be granted additional time to act if:
- The defendant fled the state before you could file a lawsuit.
- The defendant obscured their identity on purpose, attempting to prevent you from taking your lawsuit to court.
- You were “incapacitated” at the time of the crash, which could give you additional time to file a claim.
No matter how long ago your accident occurred, you should contact our legal team without delay if you are thinking of suing. Your lawyer can let you know if any statute of limitations challenges lie ahead and what your options are.
What if I’m Partially At Fault for the Accident?
Even if you were partly responsible for the accident that led to your physical, emotional, or financial harm, you may still be entitled to compensation. This is due to Florida’s use of a pure comparative fault system. Your damages would be reduced under this rule based on the percentage or degree of liability assigned to you, but you would still be eligible for partial compensation.
For instance, if the police report said you were a quarter at fault for the accident, and the other driver was three-quarters negligent. In this case, you could still go after compensation from the other driver; however, to account for your portion of the responsibility, your final award amount would be reduced by 25% to account for your liability.
You Can Win Several Types of Damages for Your Car Accident Injuries
Even if you are not sure whether a lawsuit is worth your time, you should at least sit down with an attorney’s team and discuss your options. This is especially important if there is a chance that you sustained injuries.
In addition to your current and future medical bills, you might be eligible for the following economic and non-economic damages:
- Lost wages: If you lost income due to your injuries, you can sue for this type of loss.
- Loss of enjoyment of life: If you suffered pain or discomfort as a result of your injuries, you can recover money for this type of harm.
- Property damage: If your vehicle or other property suffered damage as a result of the collision, you can sue for property damage.
- Medical expenses: If you incurred medical costs because of the accident, you can recover them.
- Attorney fees: If you win your case, you can recover all of the above costs from the person who caused your accident.
- Reduced earning capacity: If you suffer permanent injuries, you can sue to recover money for reduced earnings.
- Pain and suffering: If you have experienced pain and suffering because of your injuries, you can ask for monetary compensation for this emotional distress.
- Wrongful death: If your loved one dies as a direct result of your negligence, you can sue for wrongful death.Wrongful death
- Punitive damages: If we can prove that the other driver’s actions were not only negligent but also reckless or malicious we can seek punitive damages. Punitive damages are meant to punish the wrongdoer and deter others from committing similar acts.
Damages in Wrongful Death Lawsuits
If you lost a loved one in a car accident as a direct result of a negligent driver, you could be eligible to file a wrongful death claim and seek damages for your family’s losses.
A lawyer can help you with this process, seeking compensation for losses such as:
- Funeral and burial costs
- Mental anguish
- Loss of companionship
- Loss of society
- Loss of consortium
- Medical expenses
- Income losses
- Loss of companionship
You could seek other damages beyond those listed above.
Other Ways a Car Accident Lawyer in Tampa Bay or Orlando Can Help You With Your Case
A car accident lawyer from our firm can handle all the legal details of your case. They can:
- Investigate your car accident case
- Obtain your accident report or crash report
- Build important evidence to prove fault and liability
- Handle all conversations with third parties
- Negotiate a fair settlement with the insurance company
- If necessary, take your case to trial and litigate for you
- Explain your legal options
- Help you meet important deadlines, such as the statute of limitations
After their initial investigation, your lawyer may immediately file a lawsuit on your behalf.
We will work hard to get you the maximum amount of compensation possible. We understand how stressful it can be when dealing with serious personal injury claims. Our goal is to make things easier on you by providing quality representation and support throughout the entire process.
However, the liable party may seek an out-of-court settlement with the insurance company. Because a lawsuit can take additional time, your lawyer may try to seek the compensation you deserve through a more efficient settlement process.
If your case goes to trial, your Florida car accident lawyer can handle all the details of litigation for you. This means preparing your case for trial, submitting crucial paperwork, cross-examining witnesses, and other court-related tasks.
Common Injuries Related to Car Accidents
Car accidents often cause many different types of catastrophic injuries. Common car accident injuries include:
- Broken bones: A broken bone is any break in the long bones (such as the femur) or small bones (like one of the many in the skull). Broken bones can occur if you’re involved in a high-speed collision, rear-end collision, rollover accident, or even a minor fender bender.
- Head trauma: Head trauma occurs when there is damage to the brain tissue. The most common causes of head trauma are falls, motor vehicle crashes, sports injuries, and assaults.
- Brain bleeding: Brain bleeding occurs when blood leaks into the space around the brain. It can happen after a fall, a blow to the head, or a penetrating wound.
- Traumatic brain injury (TBI): TBIs happen when the brain suffers physical damage due to external forces.
- Neck pain: Neck pain is caused by muscle strain, ligament tears, disc herniation, whiplash, or spinal cord injuries.
- Spinal cord injuries: Spinal cord injuries are caused by compression, contusion, laceration, fracture, dislocation, or stretching of the spinal cord.
- Internal organ damage: Internal organ damage happens when organ inside the body suffer from car accident injuries like a ruptured spleen, a punctured lung, or bruised kidneys
- Chest injuries: Being hit by another vehicle can cause blunt force trauma leading to severe chest injuries.
- Paralysis: Paralysis is a condition where someone loses control over their muscles. It can happen due to a spinal cord injury or TBI.
- Severe cuts and lacerations: Severe cuts and lacerations happen when the skin is torn off the underlying tissues. They can be caused by glass, metal, or sharp objects from your vehicle
- Burns: Burns happen when the skin is damaged by engine fire or hot liquids including motor oil or engine coolant.
- Concussions: Concussions happen when the brain is injured by a sudden impact from a car accident.
Our lawyers can explain what type of physical injuries you sustained and whether they are covered under your auto insurance policy. We will also help you determine how much money you may be entitled to receive for medical bills, lost wages, and other damages.
If you have been injured in an automobile accident, you must seek legal representation right away. Our attorneys work with clients on a contingency fee basis which means we don’t get paid unless we win your case.
Ask a Potential Law Firm These Questions About Your Claim Or Lawsuit
Not all car accident lawyers have the same experience in the courtroom. When you hire a lawyer, you may want to be sure the firm is confident about handling a potential lawsuit. During an initial case review, you can ask:
- If the lawyer has trial experience
- If the firm is prepared to take your case to trial if necessary
- Whether they can provide references from clients who had positive experiences working with them
- What kind of fee arrangement do they offer?
The answers to these questions should give you some insight into whether the firm is right for you. You can also ask other questions about the claim or lawsuit filing process, such as:
- Who could be liable for your car accident
- If you can file a lawsuit
- How the statute of limitations could apply to your case
- How long the legal process could take
Check out our FAQ page for other questions and answers
Hire an Experienced Personal Injury Lawyer Today
Personal injury attorneys represent people who have been injured due to someone else’s negligence. A personal injury attorney helps clients recover money for medical bills, lost wages, pain and suffering, and other financial losses caused by another person’s carelessness.
An experienced personal injury attorney also knows how to investigate the facts of your case and build a strong argument that shows the responsible party was negligent.
They understand how to negotiate settlements with insurance companies and other defendants. If your party cannot reach a satisfactory agreement with the defendant or their insurance carrier, your lawyer may pursue a lawsuit against them.
Call the Law Offices of Anidjar & Levine for a Free Case Review
The Law Offices of Anidjar & Levine has successfully recovered compensation for countless car accident clients, and we are ready to go the extra mile for you. We offer a free case review, and you do not pay attorney fees unless and until we get you the compensation you deserve.
Additionally, we can even help you get your car fixed and help you schedule your appointments. Contact the Law Offices of Anidjar & Levine for a free consultation. A car accident attorney from our team will fight for you and help you win the damages you deserve. Contact us today to learn more.
