Fort Myers Car Accidents: Statutes of Limitations
A statute of limitations is any law that tells you how much time you have to file a lawsuit after an accident or crime. If you or a loved one was involved in a car accident, you have either two years or four years to seek damages, depending on what type of lawsuit you are filing.
This article will educate you on Fort Myers car accident statutes of limitations, as well as providing information on how a Fort Myers car accident lawyer can help with your case.
The Statute of Limitations for Personal Injury
Car accidents can do a lot of damage to:
- Your mind
- Your body
- Your car
- Your financial situation
You have a limited amount of time to recover compensation for these things. Florida Statutes § 95.11 dictates that you typically must begin your Fort Myers lawsuit within four years of the accident. After that date, you are no longer eligible to receive any compensation via a lawsuit, no matter how much you need it or how strong your suit is.
The Statute of Limitations for Wrongful Death
If your loved one was killed in a car accident, you have the right to file a lawsuit on their behalf. However, the statute of limitations in wrongful death cases is shorter than the statute of limitations for personal injury cases. You typically have just two years from the date of your loved one’s passing to begin your case.
Filing an Insurance Claim for Car Accident Damages
Many states, including Florida, have laws stipulating that car owners must carry a certain amount of insurance. This insurance will help you and anyone who was injured in or by your car cover accident-related expenses.
To ask your insurance company for compensation within the statute of limitations for a car accident insurance claim, provide them written notice of your accident injuries as soon as possible. In many cases, the insurance company must pay out within 30 days of receiving that notice.
Insurance May Cover Only Part of Your Damages
While money from your insurance policy may be helpful, it does not always cover everything you need. If your economic damages—that is, the amount of money you lost because of the accident—exceeds your insurance policy, you can sue the liable party for the remainder.
This may include economic damages like:
- Loss of income: this refers to a temporary loss of income caused by your injuries. For a permanent loss or reduction of income, you would sue for “loss of earning capacity.”
- Loss of employment: your injuries make it impossible for you to resume your old job.
- Medical expenses: this includes treatment from most conventional medical professionals, including doctors, dentists, and surgeons.
You may also qualify for non-economic damages, which cover physical and emotional suffering caused by things like:
- Disfigurement: your injuries caused scarring serious enough to affect you physically or emotionally (i.e., you can no longer move the scarred area as well as before, or your appearance has been irrevocably altered).
- Loss of quality of life: since the accident, it has been difficult or impossible for you to resume your former lifestyle or perform common tasks without help.
- Pain and suffering: This includes both the physical and mental pain of your injuries and the psychological trauma caused by the crash.
A Lawyer Can Make Your Case Easier on You
What kind of work goes into fighting a lawsuit? Every case requires a slightly different approach. Our law firm can help you figure out the best plan for you. The steps we can take on your behalf may include:
- Collecting evidence, such as repair bills and police reports, to support your claim for damages
- Filing paperwork, including official notifications, so that your lawsuit is not rejected on a technicality like a missed deadline
- Communicating with others, like the insurance company, so you do not have to talk to them yourself
- Communicating with you, including updating you regularly, so you always have someone to answer your questions or demystify the legal process
- Negotiating a fair settlement, so you do not have to worry about the insurance company offering you less than you deserve
- Going to trial, so your lawyer can do the hard work of scheduling, preparing, and presenting your case
The Law Offices of Wolf & Pravato can provide you with more information about Fort Myers car accidents, statutes of limitations, and how much compensation you may be entitled to collect.
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