Car accidents are stressful events that can result in both physical and emotional turmoil. In addition to dealing with injuries and property damage, many wonder how to ensure fair compensation for losses. One of the most critical aspects of the legal process is understanding how long after a car accident you can sue in Florida.
In Florida, the law sets specific deadlines for initiating a claim, which can significantly impact your case. This post covers how long after a car accident you can sue in Florida, factors influencing the statute of limitations, and why it’s essential to start your claim as soon as possible. You will also learn how an experienced car accident attorney can help achieve a successful outcome.
How Long can a Person try to Sue You After a Car Accident in Florida?
Under Florida Law, you have two years from the car accident date to file a lawsuit for personal injury or property damage. This is known as the statute of limitations. If you do not file a claim within this time, you will likely lose your right to pursue compensation in court.
4 Factors That Influence the Statute of Limitations
While the general statute of limitations for filing a car accident lawsuit in Florida is two years, several factors can affect this limit, including the following:
1. Discovery of Injuries
Not all injuries sustained in a car accident are immediately apparent. Some conditions, like traumatic brain injuries or spinal cord injuries, may take time to develop. In these cases, the statute of limitations can be extended, allowing the two-year clock to start from the date the injury was discovered or reasonably should have been discovered.
2. Involvement of a Government Entity
Car accidents involving government vehicles, such as a city bus or a police car, impact the statute of limitations. In these cases, you have only six months to file a claim against the government entity. You will also need to go through an administrative claim process before filing a lawsuit, which requires additional time and effort.
3. Wrongful Death Claims
In cases where the car accident results in death, Florida law allows the family of the deceased to file a wrongful death lawsuit. For wrongful death claims, the statute of limitations is two years from the date of the victim’s death instead of the accident date.
4. Minors and Legal Incapacity
If the accident victim is a minor or someone who is legally incapacitated, the statute of limitations may be paused or “tolled” until the minor turns 18 or the incapacitated person regains legal capacity. In such cases, the injured party will have two years from the date of reaching legal adulthood or regaining legal capacity to file a lawsuit.
4 Benefits of Starting Your Claim Now
It’s essential to act promptly after a car accident, even if you think you have plenty of time. Here are several reasons why starting your claim as soon as possible is in your best interest:
1. Preservation of Evidence
Over time, evidence critical to your case can disappear. Skid marks on the road may fade, vehicle damage may be repaired, and surveillance footage can be erased. Witnesses’ memories can also fade, making it harder to gather accurate testimonies. Starting your claim early can preserve this essential evidence, which will be crucial in proving fault.
2. Quicker Access to Compensation
Starting your claim promptly can expedite the entire legal process, helping you access the compensation you need to cover medical bills, property damage, and lost wages. Car accident injuries can be financially draining, and waiting too long to file your claim could delay the relief you need to recover physically and financially.
3. Avoid Missing Deadlines
Failing to file your claim within the statute of limitations will bar you from seeking compensation. While two years may seem like a long time, the legal process can be complex and drawn out. Gathering evidence, obtaining medical records, and negotiating with insurance companies can take months. Acting early ensures that you won’t risk missing these deadlines and losing your right to sue.
4. Stronger Negotiating Position
The sooner you file your claim, the stronger your negotiating position will be when dealing with insurance companies. If an insurer sees that you are proactive about pursuing your claim, they may be more inclined to settle fairly, knowing that you are prepared to take legal action if necessary. Waiting too long can give the insurer leverage to offer lower settlements or deny your claim altogether.
How an Attorney Can Help
Even if you know how long after a car accident you can sue in Florida, navigating the aftermath can still be overwhelming. This is especially true when you’re dealing with injuries, medical bills, and insurance companies. Here are ways a qualified attorney can help you understand how long after a car accident you can sue in Florida and the proper steps to take.
Provide Legal Expertise
An attorney with experience in car accident cases will understand Florida’s laws and how they apply to your situation. They can help ensure you meet all the necessary deadlines impacting how long after a car accident you can sue in Florida. This includes guidance on the statute of limitations and how to navigate the legal process to avoid costly mistakes.
Maximize Compensation
An attorney will fight to ensure you receive the maximum compensation possible. This includes covering medical bills, property damage, and non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life.
Help You Deal with Insurance Companies
Insurance companies often try to minimize payouts or deny claims altogether. An attorney can handle all communication with the insurance company, negotiate on your behalf, and protect you from lowball offers. If a fair settlement cannot be reached, your lawyer will be prepared to take the case to court.
Give You Peace of Mind
Hiring an attorney allows you to focus on recovering from your injuries while they handle the legal complexities. Knowing that a professional is managing your case can relieve stress and provide peace of mind during a challenging time.
Expert Advice on How Long After a Car Accident You Can Sue in Florida
Understanding how long after a car accident you can sue in Florida is crucial for protecting your rights and ensuring you receive fair compensation. While the statute of limitations is two years, other factors can influence this timeframe, making it essential to act quickly. Starting your claim now not only preserves critical evidence but also strengthens your negotiating position and helps you avoid missing the deadline.
Contact Clark Hartpence Law Today for a Free Consultation
If you have been injured in a car accident, meet with an experienced personal injury lawyer to protect your rights and get the compensation you deserve. Contact Clark Hartpence Law today for a free consultation on your case. We are an experienced and knowledgeable legal team ready to support you during a difficult time.
If you or someone you love was involved in an accident, call us at (855) 680-4911 or schedule a free consultation.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.