Florida’s statute of limitations and no-fault insurance laws determine how long after a car accident you can claim injury.
According to Florida Statutes § 627.736(a), you must seek treatment for a car accident injury within 14 days of your crash to qualify for personal injury protection (PIP) coverage. If you want to file an injury lawsuit, you generally have four years from the date of your accident to file, per Florida Statutes § 95.11(3)(a).
In general, getting started on your injury claim as soon as possible is a good idea. If you or a loved one was in a car accident, an attorney with our firm can explain your options.
How Can You Recover Car Accident Compensation?
Florida is a no-fault insurance state. Here, all motorists must carry PIP coverage following a collision. PIP pays for 80 percent of reasonable medical expenses, 60 percent of your lost earnings or lost earning capacity, and a $5,000 death benefit for fatal injuries. Coverage applies regardless of who caused the collision.
If you sustained a permanent or disabling injury, you may qualify for damages via an insurance claim or lawsuit against a liable party, such as a driver, vehicle or auto parts manufacturer, or the entity in charge of the roadway where your accident occurred.
Pursuing damages generally requires you to prove negligence. A car accident attorney can evaluate your case and explain more.
Need free legal help in Florida?
We specialize in personal injury claims.
What Car Accident Damages Can Florida Crash Victims Pursue?
Severe injuries can result in costly medical bills, weeks or months of lost income, and physical and emotional stress. A lawyer with our firm can help you identify your out-of-pocket expenses and pursue a fair sum for your damages.
Compensation may include:
- Past and future medical treatment, including emergency department fees, doctors’ bills, hospital stays, surgeries, medications, rehabilitation, and more
- Lost income, including pay lost during your recovery and loss of your future earning capacity
- Non-economic damages, including compensation for chronic pain, loss of mobility, anxiety, stress, mental anguish, and reduced quality of life
- Property damage expenses, including vehicle repair or replacement costs
You Can Seek Damages if You Lost a Loved One
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), more than 3,700 Floridians died from motor vehicle accident injuries in 2021. If you lost a loved one to a fatal crash injury, you may qualify for wrongful death compensation.
Your loved one’s personal representative (executor) can file suit on behalf of your loved one’s estate and surviving family members to recover awards, including:
- End-of-life medical bills
- The deceased’s lost wages, earnings, and benefits, including future lost earnings
- Funeral and burial expenses
- Loss of consortium
- Loss of parental guidance
The statute of limitations for pursuing a wrongful death case differs from the time limit for personal injury cases. According to Florida Statutes § 95.11(4)(d), you typically have two years from your loved one’s passing to file a case.
What if Your Car Accident Injuries Did Not Manifest Right Away?
Some car accident injuries do not appear immediately. For example, according to Mayo Clinic, collisions are the leading cause of traumatic brain injuries (TBIs). Yet, these conditions can take weeks to show symptoms. Still, you have legal options.
Florida Statutes § 95.051 lists some exceptions to the statute of limitations. For instance, if you did not discover your injuries until after the accident happened, this could extend your lawsuit’s filing deadline. A lawyer can examine your case and explain whether any exceptions give you more time to act.
You Should Seek Medical Attention as Soon as Possible
If you did not seek medical treatment immediately following your crash, you should see a doctor as soon as possible. Seeking treatment is important for your health and is essential for your injury claim or lawsuit. Furthermore, as mentioned, seeking healthcare promptly allows you to get PIP coverage.
How Can Our Car Accident Lawyer Serve You?
We want to maximize your car accident injury compensation, even if there is a delay between when your accident occurred and when you reach out to us. Our team will:
- File your PIP or liability insurance claim
- Calculate your losses and fight for fair compensation
- Collect case-related evidence, including medical records, eyewitness statements, and proof of your damages
- Handle case-related paperwork, deadlines, phone calls, emails, and meetings
- Advocate for the best possible settlement during negotiations
- Pursue a personal injury or wrongful death lawsuit, if necessary
Need free legal help in Florida?
We specialize in personal injury claims.
Contact Andrew Pickett Law, PLLC for a Free Consultation
Attorney Andrew Pickett and his team are here to guide you through Florida’s civil justice system. Let us shoulder your legal burdens so you can worry about recovering from your injury.
Contact us for a free consultation to learn more about working with our firm and how we can represent you on contingency.
Need free legal help in Florida?
We specialize in personal injury claims.
