How Long Do I Have To File a Personal Injury Claim After an Accident in Florida?
Many assume that because Florida is a no-fault state for automobile insurance, they cannot sue a driver after a car accident. However, that is not entirely true. Florida’s insurance laws allow accident victims to file a personal injury claim after an accident in Florida if they sustain serious injuries and in other circumstances as well. However, the statute of limitations limits your time to file a personal injury claim after an accident in Florida.
A team of experienced personal injury lawyers can help you determine the deadline for filing your personal injury claim in Florida. They can also advise you of your rights and legal options after an accident, helping you recover the maximum amount of compensation available.
What Is a Statute of Limitations?
A statute of limitations is a law that limits the time you have to file a lawsuit or take legal action. In a car accident case, the statute of limitations sets the deadline for filing a lawsuit seeking damages. If you file your lawsuit after the deadline expires, a judge can dismiss the lawsuit even if you have a valid legal claim.
Statutes of limitations differ by state. Furthermore, there could be exceptions to the general statute of limitations for claims. Therefore, you must know what Florida laws apply in your personal injury case to determine how much time you have to file an injury claim after an accident in the state.
What Is the Statute of Limitations for Car Accident Cases in Florida?
Most car accident claims are based on negligence. The Florida statute of limitations for negligence-based claims was recently amended. As of March 24, 2023, the deadline to file a lawsuit for a car accident claim is two years from the accident date.
However, if the car crash took place before March 24, 2023, the previous law should apply. In those cases, the deadline to file a lawsuit would be four years from the accident date.
It is important to note that exceptions to the statute of limitations could alter the filing deadline for a lawsuit. Furthermore, the parties involved in the case and other factors could impact the filing deadline for a personal injury claim.
For example, if your car accident claim involves a government entity, you might have a different deadline. As another example, if the victim is a minor, the deadline could be extended.
According to Mark Roman & John Austin, Tampa personal injury lawyers at Roman Austin Personal Injury Lawyers, “determining how long you have to file a personal injury claim after an accident can be complicated. You should not assume you have plenty of time to file a claim. Instead, it is better to seek legal advice as soon as possible after a car crash in Florida”.
The Benefits of Taking Legal Action Quickly After an Accident
Two years sounds like more than enough time to file a personal injury claim after an accident. However, time is not on your side. You should act quickly to file a personal injury claim for several reasons, which include:
Preserve Evidence
An accident victim has the burden of proving the elements of a negligence claim to win a personal injury claim for a car accident. Those elements are:
- Legal duty of care
- Breach of duty
- Causation
- Damages
The burden of proof is by a preponderance of the evidence. You must convince jurors that there is at least a 50% chance that the other driver caused your car accident. The strength of your evidence is crucial to winning your case.
However, delaying a claim could result in evidence being lost or destroyed. The sooner you contact an attorney, the quicker the attorney can work to collect and preserve evidence.
Allow Your Attorney Time To Prepare
It takes time to investigate and gather evidence to file a personal injury claim. The more time the attorney has to prepare your case, the better. Waiting until the statute of limitations is about to expire may not give an attorney time to prepare a lawsuit.
Contacting a personal injury lawyer early in the process gives them sufficient time to work on your case. With more time, the attorney may be able to negotiate a fair settlement to avoid the cost, stress, and time of litigation.
Memories Fade and Change
Eyewitness testimony can be powerful evidence in a car accident case. However, a witness’s memory may fade over time. They may not remember key details about the accident.
An attorney can obtain the witness’s testimony early in the process by conducting a deposition. A deposition is sworn testimony given outside of court.
Receive Compensation Quicker
Most personal injury claims are settled through negotiations with the other party. Beginning the process now means you might receive your compensation quicker.
Set Up a Free Consultation With a Personal Injury Lawyer
You may need additional time to recover after an accident. Hiring a personal injury lawyer allows you to focus on your recovery. Your attorney can handle all matters related to your claim, including monitoring the deadlines for filing your lawsuit appropriately and on time.
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