Filing a car accident insurance claim or lawsuit can be challenging in more ways than one. One of the first questions you might be how long you have to sue after a accident. The car accident filing deadline called a statute of limitations, is a mandatory part of your claim. In most cases, you have two years to do so, though that can change based on many factors.
Meeting the filing deadline can be complicated for many reasons. In Florida, the statute of limitations underwent a change which can complicate the already complicated filing deadline for laypersons. A car accident lawyer in your area can help you meet the filing deadline and many will accept your case with no upfront fees or costs.
You Generally Have Two Years to Sue After a Car Accident
Florida law dictates how much time you have to sue after an accident. Florida Statutes § 95.11 outlines a somewhat short deadline, which can go buy very quickly if you don’t act right away. In general, it gives you two years to file your lawsuit against the at-fault driver.
In addition to knowing your allotted filing time, you also need to know when the statutory clock starts running on your car accident case. In most cases:
- The filing deadline for personal injury cases starts on the date of the accident
- The filing deadline for wrongful death cases starts on the date of a loved one’s demise
In addition to these variations, Florida Statutes § 95.051 cites additional exceptions to the statute of limitations. Exceptions can include the accident victim’s age and certain evasive actions taken by the at-fault party.
The auto insurance company will also have notification and filing deadlines. Their accident claim time limit florida should be available in the policy or by speaking to an adjuster. In general, the sooner you act, the better. If you do not inform your insurer about your accident, you may not be able to claim damages.
Know What to Expect if Your Car Accident Lawsuit Is Not Filed on Time
Not filing your lawsuit on time per Florida alw can have serious financial repercussions. An expired statute of limitations could mean:
- The court may not accept the filing of your lawsuit at all
- If you do manage to file, your lawsuit might be dismissed
- The insurance company will likely cease all efforts at negotiation
According to car accident claim law, any of these outcomes would leave you with no legal avenue that compels the at-fault driver to compensate you. That would mean you and your family bear the financial burden of someone else’s negligence.
Understand Each Step of the Car Accident Lawsuit Timeline
No two car accident insurance claims or lawsuits will have the exact same timeline. To understand and anticipate your case, you should understand each step involved in the filing process.
In general, you must:
- File a claim with your auto insurance company per Florida PIP laws
- Reach out to at-fault driver’s insurance company if the other driver does not contact their insurance, although your own insurer may be able to handle this
- Obtain your police report and other supporting evidence
- File your lawsuit in the appropriate Fort Lauderdale court
- Assess your damages and make a settlement demand
- Sit for a deposition with the at-fault party’s representatives
In most cases, your car accident claim will be resolved with a settlement. If your case does go to court—this rarely happens—you may want to consult a car accident attorney.
A Car Accident Lawyer Can Help You Meet the Filing Deadline
Filing a car accident claim on your own can be challenging since it involves complex tort laws and requires meeting several legal parameters. Their familiarity with cases like yours means they can:
- Communicate with the insurer on your behalf
- Manage all related forms, filings, and paperwork
- Build a comprehensive evidence collection
- Negotiate with the insurance adjuster for you
An additional benefit of hiring a car accident attorney to manage your insurance claim or lawsuit is that you can focus on getting better without losing valuable time on your case.
Compensation You Can Recover by Filing Your Car Accident Lawsuit on Time
Compliance with the Florida car accident lawsuit time limit allows you to recover a range of damages from the at-fault driver. Your recoverable economic damages are easy to document and can include:
- Vehicle repair or replacement
- Diminished vehicle value
- Current and future medical bills
- Current and future lost wages
- Treatment-related travel
You can also recover non-economic damages can be more challenging to document and assess on your own. They can include:
- Physical disability
- Lasting disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
To prove the costs of your damages, you can collect medical bills, car repair bills, car replacement estimates, and written prognosis. Start collecting these items as they come in, though, you may need to request some records and reports as your case progresses.
Wrongful Death Damages for a Fatal Car Accident in Florida
Losing a loved one in a car accident can be both emotionally and financially distressing. While nothing can atone for your family’s loss, you can request recovery of the following wrongful death damages:
- Funeral, burial, and cremation costs
- Loss of your loved one’s income
- Loss of their domestic contributions
- Loss of consortium and support
- Loss of companionship and care
- Loss of guidance and society
These damages can be documented with records and receipts, including proof of the decedent’s income and statements from the funeral home. Include these forms of evidence in your case file.
Call Now for Help Filing Your Car Accident Lawsuit
If you or someone you love was injured, or a loved one was fatally injured, in a car accident, we can help you build a strong case for financial compensation. We can determine how long you have to sue for an accident in Fort Lauderdale and help you meet the appropriate filing deadline. 0
Find out how hard we will fight for your financial recovery when you call (954) 633-8270. Contact our consultation team at the Law Offices of Wolf & Pravato to get started today.
