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How Long do I Have to File a Car Accident Lawsuit in Florida?

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The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

Per Florida Statute § 95.11, you generally have two years to file a car accident lawsuit. If the car accident caused your loved one’s passing, you may only have two years to file a wrongful death lawsuit in Florida.
The time following a car accident can be stressful and confusing. After you prioritize your health and safety and get all the medical treatment you need, the next thing you’ll need to focus on is getting your medical expenses and other damages paid for as quickly as possible. It’s never good to sit on your rights, especially when it comes to your physical, emotional, and financial recovery. 
Even if you don’t need the money at this very moment, you should always act fast after a car accident in order to avoid missing the statute of limitations. In general, statutes of limitations are designed to end controversies. If you don’t resolve your claim or file a lawsuit within the allowed time period, you are forever barred from bringing legal action and obtaining your rightful compensation in the future. An Lakeland car accident lawyer can help you meet these requirements.

The Statute of Limitations for a Car Accident Lawsuit in Florida May Vary

Regarding statutes of limitations in Florida, you need to be sure where you stand in your case. If you believe you have a certain number of years to file a lawsuit, but you have less, you may forfeit your right to pursue compensation for your car accident. We will explain how long you have to sue after your accident.

The specific statute of limitations for a case will vary depending on the circumstances of the accident and who the legal action is being brought against.

How Long do I Have to Sue After a Car Accident?

In Florida, you have five years to bring an action on a contract as uninsured motorist claims against an insurance company. But, if you are suing an individual for negligence, such as someone who caused your car accident, you generally have two years to do so.

How Long do I Have to Take Action Against the Government?

Suppose you bring legal action against the State or one of its agencies or subdivisions. In that case, Florida Statutes require written notice, in a very specific form, within three years of the harmful event. Your attorney can review your case and determine whether this is the necessary action to take.

How Long do I Have to Pursue Someone for a Wrongful Death?

The shortest statute of limitations is if the injury results in wrongful death or is caused by professional (medical) malpractice—victims or their families generally only have two years to begin any legal action.

I Have Suffered Injuries in a Car Accident; what Should I Do Now?

If you have not received medical attention for accident-related injuries, getting treatment is your priority. It is important to document how your accident has harmed you, including the injuries you suffered. You also want to ensure that your injuries do not require further treatment, as untreated injuries may worsen or even prove fatal.

Your next step may be to hire a lawyer. A Lakeland personal injury lawyer from our firm will eliminate any confusion you have. We will explain in simple terms who is liable for your accident, how you can seek compensation from those liable parties, and how our firm can help.

We can also help if your loved one died in a car accident. Wrongful death cases are especially time-sensitive, considering their shorter statute of limitations.

How an Attorney from Our Firm Can Help with Your Florida Car Accident Lawsuit

An attorney from our team can start your case for compensation. We will review your case details and explain how much time we have to file your lawsuit. Once you agree to let us represent you, we will file your case and handle the legal process.

We generally help car accident victims by:

  • Developing a strategy for your case: We will consider insurance policies, damages, and your unique circumstances when developing a case strategy. We will review our plan with you, so you understand how we will seek compensation on your behalf.
  • Documenting your damages: We can use medical records, medical bills, property repair invoices, and other documentation to calculate an appropriate value for your financial award. 
  • Collecting evidence of negligence: Video footage, witness accounts, the police report for your accident, and other evidence may help us prove the negligence of the at-fault party. Once we demonstrate their negligence, we can establish their liability for your losses.
  • Fighting for a settlement: Our attorneys will lead negotiations for you. The evidence we gather and proof of your damages will aid in our settlement discussions.
  • Protecting your rights: Our firm will protect your rights by shielding you from manipulation and blaming tactics. Insurance companies and other attorneys will contact us, not you, with all case-related questions and concerns. 

You should be able to focus on recovery after your accident. With our firm leading your case, you can. We will handle every step of your claim or lawsuit while we will fight for your financial recovery. 

Why You Should Act Quickly After a Car Accident

The last thing you want to do after being injured is deal with a long, drawn-out legal battle. But it’s important to remember that waiting to start the process can be detrimental to your long-term recovery.

It can take months for an attorney to obtain all the information and evidence required to evaluate your claim and prepare a lawsuit properly. Some law firms won’t even accept a case within a year of the statute of limitations.

The best way to ensure that our accident lawyer has the time necessary to evaluate your claim is to act fast, especially for cases that have a short statute of limitations like wrongful death and professional negligence claims.

At Dismuke Law, our board-certified and award-winning car accident attorneys are the legal fighters you want on your side. We will give your case the timely attention it needs to ensure that all deadlines are met and you receive the compensation you need to recover as quickly as possible.

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We Care About Your Recovery

Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
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WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Contact Us Today