How Long After a Car Accident Can I Sue?
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The content on this page has been produced and reviewed in accordance with our editorial guidelines. This content has been reviewed and approved by founding Personal Injury Attorney Jack G. Bernstein who has over 40 years of legal practice experience.
Being involved in a car accident is a difficult and scary situation for anyone, and there is very little guidance for what to do following the accident. For many people, a car accident can be a life-altering experience that requires extensive medical treatment and results in an inability to work or care for oneself.
Regardless of the extent of your car accident injuries and damage, it’s important to take action as soon as possible because the earlier you file your claim, the more likely you will have a successful case. Since you are entitled to recover the full extent of damages suffered, it is in your best interest to contact a car accident attorney as soon as possible.
Florida’s statute of limitations
No matter what the lawsuit entails, every case is required to abide by the statute of limitations in their jurisdiction. A statute of limitations is the time period during which a party may file a claim with the court. If the party fails to file their claim within the relevant statute of limitations, they will be barred from bringing the case unless they can establish they had some kind of exception for missing the statute of limitations.
In Florida, the statute of limitations for filing a car accident claim is four years from the date of the accident. Should the claimant fail to file their car accident claim within these four years, the court will no longer allow them to file this case.
A good personal injury case requires time
Given the fact that car accident cases can significantly vary on a case-by-case basis, it’s not surprising that the amount of time it takes for a car accident case to settle can be difficult to determine. Some factors that impact the amount of time it takes for a personal injury case include the complexity of the issues and the amount of damages in dispute. Depending on these factors, it can take as little as a few months to settle a claim, or it can take up to a few years.
Some of the most common factors that can impact the amount of time it takes to reach a personal injury settlement include:
- The insurance companies involved in the claim and their practices regarding claims processing times
- Any Florida state laws governing how quickly settlements must be processed and resolved
- The severity and complexity of the injury or damages sustained
- Whether or not liability is disputed or accepted by both parties
- Whether or not all necessary evidence has been gathered and presented
It’s important to discuss all of these potential factors with your car accident attorney during your initial consultation; this way, you can gauge a possible time frame and adequately prepare yourself for what you can expect from your lawsuit.
Determining liability
Determining liability is essential to have a successful car accident lawsuit. Your car accident attorney at Bernstein & Maryanoff Injury Attorneys can help you understand which parties may be liable for your car accident and will help build your case against them.
Shared fault
Some states, including Florida, consider shared fault in personal injury lawsuits. This means that both parties involved in the accident can share an extent of liability for the accident.
Comparative negligence
Comparative negligence is a legal concept that determines liability based on the degree of fault or carelessness of each party. In Florida, among other states, the law allows an injured party of the accident to recover some compensation if they can prove they were less than 50% responsible for their own damages in the accident.
Suing the other driver
For anyone involved in a car accident with another vehicle, suing the other driver is one of the most common options for the car accident victim. In many car accidents, the incident is the result of another party’s negligent driving, which makes them a reasonable party against whom to file a car accident claim.
Civil suits
Typically, car accidents are civil suits. It’s important to discuss whether your claim constitutes a civil suit or a criminal suit with your car accident attorney, as this can be essential in determining your damages and claims against the opposing party.
Suing the insurance company
If you’re bringing a car accident claim in Florida, it’s important to understand that Florida is one of the states that uses a modified no-fault system for car accidents. This means that each driver may receive compensation for their injuries from their own insurance company if the accident is minor. This prevents lawsuits from arising as a result of small accidents with minor injuries and allows parties to recover damages from their own insurance companies. If you choose to go this direction for your claim, it’s possible for your payout to be as much as the limits of your own insurance policy.
They often want to settle quickly
Since insurance companies don’t care for your personal well-being, it’s important to understand that they may have an ulterior motive in wanting to settle quickly. Some reasons for an insurance company to want to settle quickly include:
- Delayed injuries: Delayed injuries can arise following the car accident, which means the insurance company will also have to include these delayed injuries in the claim
- They pay less: The faster a claim is settled, the fewer elements will be included, and therefore, the less the insurance company will have to pay
- After the settlement, you can not file a lawsuit: Once the claim is settled, the parties will be unable to file a lawsuit, as the claim has already come to a resolution through settlement
Delaying your case can cost you
Delaying your lawsuit can cost you more money than you would have paid had you filed the claim immediately. The sooner a claim is filed, the easier it is to collect relevant evidence, which often expedites the legal process and makes it easier for your attorney to build their legal argument quickly.
Contact Miami’s best car accident injury attorneys today
Bernstein & Maryanoff Injury Attorneys proudly handles your car accident claim while allowing you to care for yourself and focus on your journey to healing. Given the importance of filing a car accident claim as soon as possible, our attorneys understand you will still be in the process of recovering, so we are happy to eliminate any additional stress that may otherwise come along with filing a lawsuit. Let our experienced Miami car accident attorneys handle your claims while you focus on your health.
Sources:
Goguen, D. What is the Car Accident Statute of Limitations in Florida?
