There are a lot of things you have to deal with after a car accident. Even one minor fender-bender can result in months of paperwork, phone calls, and unexpected expenses. The process of filing a claim after an accident can be complicated and take a long time, so it is important to understand the maximum timeframe you have to make your legal case after an accident. Our personal injury attorneys at King Law Firm in Ocala, Florida, can help guide you through this process to make sure nothing is missed.
What is a statute of limitation?
A statute of limitation is the maximum amount of time a party has to file a lawsuit after an event has occurred. Statutes of limitations apply to all legal proceedings but vary based on the type of lawsuit you are filing. For instance, medical malpractice claims have a different statute of limitations than child molestation cases. The statute of limitation only refers to the timeframe that a lawsuit must be filed after an event, not the timeframe that the case needs to be settled. Statutes of limitations are put in place to lessen the chance that paperwork and evidence are lost and that eyewitness accounts remain reliable.
Statute of limitations for car accidents in Florida
In the case of a car accident, filing a lawsuit as early as possible is always the best choice. Statutes of limitations for car accidents fall under FL statutes 95.11(3)(a) and 95.11(4)(d). If you were injured and are seeking compensation for damages, you have four years after the accident date to file your claim. If you have a loved one who died in a car accident and are seeking a wrongful death suit, you have two years from the day the person died to file the claim.
Reporting an injury after a car accident
The Personal Injury Protection law (PIP), commonly referred to as the “no-fault” insurance law, covers Florida’s medical claims from car accidents. PIP guidelines require parties involved in a car accident to seek medical treatment for their injuries within 14 days of the accident. If you do not get treatment within this time frame, your insurance may deny it. It is advisable to have a check-up with a medical professional as soon as possible after your accident, as you may not feel an injury right away. As a “no-fault” insurance state, claimants must contact their car insurance company to file a claim. However, insurance companies often offer low compensation for claims. An experienced personal injury attorney can help make sure you receive adequate compensation after your accident.
Filing a lawsuit after the statute of limitations past
If you fail to file a claim within the two or four-year statute of limitation timeframe, your case is likely to be dismissed. There are occasions where the deadline may be extended, like if the injured party was a minor at the time of the accident, but this is rare for accident cases. Therefore, it is essential to contact your insurance and a personal injury attorney shortly after your accident.
Personal injury lawyers in Ocala, Florida
The personal injury attorneys at King Law Firm are here to help you through the legal process after a car accident and help you receive fair compensation for your injuries and property loss. Call our attorneys at 352-269-1814 to schedule a free consultation so we can learn more about your case.