You’re driving down the sunny streets of Florida when suddenly someone slams into you, and you end up in a car accident. The adrenaline is pumping, and you’re not sure if you’re hurt. It isn’t until days later when the pain sets in. How long after a car accident can you claim injury? And how much of a car accident settlement can you get?
As Florida personal injury lawyers at Burnett Law, P.A., we’ve seen it all. We know the ins and outs of the legal system and what it takes to get you the compensation you deserve. Here are the details on filing an injury claim after a car wreck here in Florida.
How Long Do You Have to File a Florida Car Accident Claim For Your Injuries?
If you’ve been in a car accident, you’re probably wondering how long you have to file an injury claim.
Statute of Limitations for Car Accident Claims in Florida
A statute of limitations is the maximum time after an event within which legal proceedings may be initiated. In other words, you have a deadline for filing a claim. What is the statute of limitations in Florida for a personal injury claim? The short answer is: it depends.
According to Florida law (Florida Statutes section 95.11 (4) (a), motor vehicle accident lawsuits must be filed within two years of the date of the crash. Most car accidents involve a negligent, at-fault driver (or drivers) causing an accident and injuries.
This would apply to:
- Trucking accidents
- Commercial vehicle accidents
- Scooter accidents
- Motorcycle accidents
- Car accidents
- Golf cart accidents
- Pedestrian accidents involving a vehicle
The two-year deadline also applies to a wrongful death lawsuit if a car accident victim died as a result of the accident (Florida Statutes section 95.11(4)(e).
If your vehicle was damaged in the accident, you have four years to file a claim under Florida Statutes section 95.11(3)(g).
There are a couple of exceptions. If you didn’t have the proper legal capacity to make decisions for a while after the accident or the person who caused the accident fled Florida or tried to conceal themselves after the fact, you might have an extended timeframe to seek compensation. It’s still best to contact car accident attorneys ASAP after your accident.
If a government employee caused your motor vehicle accident, you have a separate procedure to follow. If this is your situation, please call us to discuss the next steps.
Benefits of Hiring a Car Accident Lawyer
Dealing with the aftermath of a car accident can be overwhelming, especially if you’re trying to recover from injuries and navigate the legal system at the same time. That’s where a car accident lawyer can help.
A skilled personal injury attorney can handle all the legal aspects of your case, from gathering evidence to negotiating with the insurance company. They can also help you understand your rights and options and fight for the fair compensation you deserve.
It’s never too early to consult a personal injury attorney after a car accident. In fact, the sooner you hire a personal injury protection lawyer, the better. They can start building your case right away and protect your rights from the very beginning.
Burnett Law, P.A., offers a free consultation for personal injury cases, so you have nothing to lose by reaching out and discussing your case.
Contingency Fee Basis
Typically, a car accident attorney only gets paid if they win your case and work on what’s called a “contingency fee basis,” where they take a percentage of your final settlement or award as their fee. So you don’t pay anything upfront. Instead, the personal injury law firm only gets paid if they win your case.
The benefit of this arrangement is that it allows anyone to hire a skilled and experienced attorney, regardless of their financial situation. It also means that your attorney is motivated to get you the best possible outcome since their fee depends on it.
Steps to Take Immediately After a Car Accident
If you’ve been in a car accident, there are a few crucial steps you need to take right away to protect your legal rights and strengthen your injury claim.
- Call the police and file an accident report, even if the accident seems minor.
- Seek medical attention, as some symptoms may not show right away, and getting seen by a doctor immediately can help prove that your injuries were caused by the crash.
- Notify your insurance company; stick to the facts and do not admit fault.
Common Car Accident Injuries
Some of the most common car accident injuries, like whiplash, concussions, and soft tissue damage, may not show symptoms right away. In fact, it can take days or even weeks for these injuries to become apparent. That’s why it’s crucial to get checked out by an accident doctor as soon as possible after the crash. They can detect injuries you may not even be aware of and start treatment immediately.
If you wait too long to seek medical care and attention, the insurance company may argue that the accident did not cause your injuries. That’s why it’s so important to get checked out right away from day one.
Documentation of Injuries
Seeking medical attention right after the accident creates a clear record of your injuries and medical treatment. This documentation is crucial evidence in your injury claim. Make sure to attend all your doctor’s appointments and follow their treatment plan, whether that means chiropractic care, physical therapy, or something else. Keep track of all your medical records and bills, which will be important in proving the extent of your injuries and damages.
Your attorney will guide you in gathering other evidence to support your injury claim, but you’ll also want to gather photographs of the accident scene and any witness statements.
Dealing with Insurance Companies After an Accident
Dealing with insurance companies is never fun, but it’s a necessary evil if you want to be compensated fairly for your injuries and damages.
Reporting the Accident to Your Insurance Company
The first step is reporting the accident to your own insurance company as soon as possible. Stick to the facts. Have your policy number handy and be prepared to give a basic rundown of what happened. Don’t admit fault or speculate about who was to blame. Your insurance company will investigate and determine liability. Your insurer will open a claim and assign an adjuster to investigate. Cooperate with their requests for information, but again, avoid admitting fault or giving opinions on who caused the crash.
Communicating with the Other Driver’s Insurance
Next, you’ll likely hear from the other driver’s insurance company; be very careful here. Consult with a car accident lawyer before communicating with the other insurer.
The other driver’s insurance company will likely reach out to you for a statement. Politely decline to give a recorded statement and direct them to speak with your attorney instead. Remember, their goal is to pay out as little as possible on the claim. They may seem friendly, but they’re not looking out for your best interests.
If they make a lowball settlement offer, don’t feel pressured to accept it on the spot. Review it with your lawyer to ensure you get fair compensation for your medical bills, lost wages, pain and suffering, and other damages.
What to Do if the Other Driver is Uninsured or Underinsured
Medical bills and repair costs seemed even more daunting when you find out the other driver was irresponsible and uninsured. If you find yourself in a similar situation, don’t panic. You may still have options for recovering compensation, even if the other driver doesn’t have sufficient (or any) insurance coverage.
Uninsured and Underinsured Motorist Coverage
The first place to turn is your own auto insurance policy. If you have uninsured/underinsured motorist (UM/UIM) coverage, it can step in to pay for your damages when the at-fault driver’s insurance falls short. UM/UIM coverage is designed for these scenarios–it protects you in case you’re hit by a driver with no insurance or insufficient insurance to fully compensate you.
If you have UM/UIM coverage, you’ll need to file a claim with your own insurance company to access those benefits. The process is similar to filing any other type of car insurance claim.
Understanding the Car Accident Settlement Process
When it comes to car accident settlements, there’s no one-size-fits-all formula. Every car accident case alone is unique, with its own set of facts and circumstances that impact the final payout. Understanding the key factors at play can help you set realistic expectations and fight for the compensation you deserve.
Factors That Affect Settlement Amount
Several variables influence the value of your car accident settlement, including:
- The severity of your injuries and length of your recovery
- The amount of your medical bills and lost wages
- Whether you’ll need ongoing care or suffer permanent impairments
- The strength of evidence showing the other driver was at fault
- The available insurance coverage and policy limits
Generally, cases with more severe injuries, higher expenses, and clearer liability will command larger settlements. An experienced personal injury lawyer can evaluate your case and give you a ballpark estimate of its worth.
Types of Damages in a Car Accident Claim
Car accident settlements typically include two types of compensatory damages: economic and non-economic.
Economic damages are the objective, out-of-pocket losses you’ve incurred, such as:
- Medical expenses
- Lost income
- Property damage
- Future treatment costs
Non-economic damages are the subjective losses that are harder to quantify, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
In rare cases, punitive damages may also be awarded to punish a driver for particularly reckless or egregious behavior. Your attorney can help you identify all the damages you may be entitled to.
Negotiating a Settlement
Many car accident claims are settled out of court through negotiations between the insurance companies and attorneys. This process can take time as both sides gather evidence and argue for liability and damages.
Your lawyer will advocate for a fair settlement that covers all your losses. If the insurance company refuses to budge, filing a personal injury lawsuit may be necessary to seek proper compensation.
Throughout the negotiation process, focus on your recovery and let your attorney handle the legal heavy lifting. With their expertise, legal counsel, and guidance, you can navigate the insurance claim maze and come out the other side with the settlement you deserve.
Accepting or Rejecting a Settlement Offer
At some point in the process, the insurance company will likely make a settlement offer. It may be tempting to jump at the first offer, especially if you feel financial pressure. However, reviewing any offer carefully with your lawyer before accepting it is crucial.
Ask yourself:
- Does this offer fully compensate me for all my damages?
- Will it cover my future medical needs?
- Is it a fair and reasonable amount, given the severity of the accident?
If the answer is no, your attorney can negotiate for a higher offer or file a lawsuit if necessary.
While medical bills have a specific dollar amount, it’s hard to put an actual dollar amount on pain and suffering, as every case is different. This is something you and your attorney can discuss in order to find the right financial compensation for what happened to you.
Call the Personal Injury Attorneys at Burnett Law, P.A., For Your Car Accident Claim
The sooner you report the accident, seek medical attention, and consult a personal injury lawyer, the better your chances of a successful claim.
Don’t let the clock run out on your car accident injury claim. At Burnett Law, we’re here to stand up for you and ensure you get the compensation you deserve. We’ll review your case, answer your questions, and fight for your rights every step of the way. Take action today and give us a call for a free consultation.