You have 4 years from the date of the accident to file a personal injury lawsuit in the state of Florida. But you must seek initial medical treatment within 14 days of the accident to qualify for Personal Injury Protection (PIP) benefits.
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 in Florida?
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 in Florida 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.
Importance of Seeking Medical Attention in Florida
It’s important to seek medical attention after a car accident in Florida. You must understand the PIP 14-day rule and the consequences of delayed medical care.
The PIP 14-Day Rule Explained
According to Florida Statute 627.736, you must comply with the 14-day rule after a car accident. This means seeking medical treatment within 14 days of the collision to secure personal injury protection (PIP) benefits from your car insurance policy.
Failing to do this may prevent you from recovering compensation for your out-of-pocket expenses.
Consequences of Delayed Medical Care
Delaying medical care can result in the insurance company denying your claim for damages. It can also exacerbate your condition.
Need free legal help in Florida?
We specialize in personal injury claims.
Determining Liability in Car Accident Claims in Florida
It’s crucial to determine liability in accident claims in Florida. This involves understanding fault and negligence and shared fault and how it affects your claim.
Understanding Fault and Negligence
When filing a car accident claim in Florida, you must understand fault and negligence. According to Florida Statute 768.81, these cases are based on negligent actions, which are established through certain elements. They are duty of care, breach of that duty, causation and damages.
All drivers have a duty to exercise care to prevent accidents and injury to others. When they breach it, they can cause collisions and damages.
Shared Fault: How it Affects Your Claim
Florida uses comparative fault rules for negligence claims like car accidents. This applies when both parties share fault for the incident. If a person is 50% or less responsible for an accident, they can recover compensation for their damages.
However, they receive their percentage of fault less than what they seek for a successful claim.
Gathering Evidence for a Successful Claim in Florida
After an accident in Florida, you must gather evidence for a successful claim. This requires knowing the types of evidence to collect and the role of police reports and witness statements.
Types of Evidence to Collect
Evidence can strengthen car accident cases, but you must have the right types. These should include medical records and expenses, lost wages and earning capacity, police reports and witness statements.
Role of Police Reports and Witness Statements
Police reports and witness statements carry weight in car accident claims. They serve as strong proof of the events of the crash from neutral parties.
Navigating Insurance Claims After an Accident in Florida
There are steps in navigating insurance claims after a car accident in Florida. This requires understanding the claims process and common challenges with insurance companies.
The Claims Process Explained
According to Florida Statute 316.065, you must report all car accidents resulting in injury or death or at least $500 in property damage to your local police department. Another option is to go online at the Florida Highway Safety and Motor Vehicles website and fill out and submit a crash report.
File a claim through your insurance company and include the police accident report. If you must file through the other driver’s insurer, complete the insurance request form HSMV 83392 and include your crash report.
Common Challenges with Insurance Companies
Unfortunately, it’s not always easy to file a claim with an insurance company after a car accident. Insurers often try to minimize the situation even if you’ve suffered injuries and make lowball offers.
In some cases, they might deny a claim altogether. This stresses the importance of retaining an experienced attorney to protect your interests.
How Can Our Florida 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
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.
Frequently Asked Questions
What Is the 14-Day Rule in Florida for Car Accidents?
The 14-day rule in Florida for car accidents requires seeking medical attention within two weeks of a collision. This is necessary to qualify for PIP benefits.
How Are Personal Injury Settlements Paid Out in Florida?
Florida personal injury settlements are paid out in structured settlement or lump sum form.
Can You Sue for Pain and Suffering from a Car Accident in Florida?
According to Florida Statute 627.737, you can sue for pain and suffering from a car accident.
How Long Does Insurance Have to Process a Claim in Florida?
In Florida, insurance companies have 90 days to process a claim.
Need free legal help in Florida?
We specialize in personal injury claims.
