How Long After a Car Accident Can You Claim Injury in Florida?

In most cases, you have two years from the date of your car accident to claim injury in Florida. Florida’s statute of limitations establishes this time limit. Similarly, if you are pursuing a wrongful death lawsuit, the state gives you two years to file.

Failing to file a lawsuit before the deadline can prevent you from receiving financial compensation, even if there is strong evidence against the at-fault party. Few exceptions apply, and various processes, such as negotiations with insurers, can delay your case. The sooner you get started, the better.

Our Fort Lauderdale car accident lawyers are ready to assist you.

Building a Personal Injury Case Takes Time

Building a personal injury case involves several steps, and each one is time-consuming. A lawyer with our firm must investigate your accident, gather evidence, and calculate your damages. They may begin seeking compensation by filing an auto insurance claim, and settlement negotiations can take a while.

There are also certain things that you must follow through with. For example, you must see a doctor and receive a diagnosis for your injuries. They may have to refer you to specialists, and it can take time to secure an appointment with each of these medical professionals.

The sooner you begin working on your case, the better you can protect your right to compensation. If you choose to represent yourself, the process may take even longer since you may be unfamiliar with the legal process.

Potential Compensation in a Florida Car Accident Case

If another driver’s negligence caused your car accident, they may be liable for your injuries. This means they may owe you for both economic and non-economic damages.

Economic Damages

If a court determines that a negligent driver caused your accident, you may recover compensation for the following economic damages:

• Ambulance services and emergency room treatment
• Current and future medical expenses
• Lost wages or earning potential
• Treatment for chronic injuries
• Towing, repair, and replacement costs for your vehicle
• Other out-of-pocket expenses

In Florida, there is no cap on economic damages in personal injury cases.

Non-Economic Damages

Non-economic losses include things like pain and suffering and mental anguish. To receive non-economic damages in your Florida auto accident case, you may need to demonstrate that the accident caused you to suffer permanent injuries.

There may not be a cap on non-economic damages in certain cases. However, there are specific criteria for these damages being awarded. You typically need documentation from a medical professional to validate that your symptoms are chronic.

In rare cases involving egregious negligence or intentional misconduct, the court may also award punitive damages. 

Determining Liability for a Collision Can Also Be a Lengthy Process

In a car accident case, the driver who caused the collision may be liable for the damages they caused. However, you will have to prove the at-fault driver acted negligently, such as by violating traffic laws.

Examples of negligence on the road include the following:

• Running a red light or stop sign
• Speeding
• Failing to yield
• Failing to respect another car’s right of way
• Illegal lane change
• Failure to use a turn signal
• Driving at night without headlights
• Drunk driving

The insurance company may try to claim you were at fault for the accident. A personal injury lawyer with our firm would then conduct an independent investigation to counter these findings. This is another step in the process that takes time.

If You Share Fault for Your Accident

Florida’s modified comparative fault law may apply in a car accident case. This means if you are partially responsible for the collision, your compensation may be proportionally reduced. For example, if a judge determines that you are 25% responsible for the accident, the court may reduce your award by 25%.

Due to the passing of Florida House Bill 837, if you are deemed more than 50% responsible for your injuries, you will be ineligible to seek damages from another party involved in the incident. 

This highlights the importance of seeking legal assistance as an experienced car accident lawyer can investigate the crash to ensure fault is assigned correctly in your case. 

What To Do After a Crash

If you are injured in a Florida car accident, taking certain steps can help move your case along and improve your chances of a successful outcome. 

It is best to do the following:

• Seek medical attention as soon as possible so a doctor can diagnose your injuries and begin treatment.
• Organize any accident reports, photos, or videos you have from the accident scene.
• Report your accident to local law enforcement and your insurance company.
• Determine how long you have to take legal action according to Florida’s statute of limitations.

You also have the right to secure legal counsel when filing an insurance claim or personal injury lawsuit.

How an Auto Accident Lawyer Can Help You

When you’re facing the aftermath of a car accident or any personal injury claim due to someone else’s negligence, having an experienced attorney by your side can make a world of difference.

Our compassionate and dedicated auto accident attorneys focus on advocating for those who have been injured and ensuring they receive fair compensation. We understand that choosing the right personal injury attorney is an important decision.

We offer you a legal team with decades of combined experience, a track record of securing multi-million dollar settlements for our clients, and personalized attention to your case. We focus exclusively on personal injury claims and are here to help you get compensation for your motor vehicle accident.

Your well-being is our priority, and we are available to answer your questions and meet with you, even if it means traveling to where you are. When you choose our law firm, you’re choosing a team that is dedicated to helping you and your loved ones in your time of need.

Our Legal Services Are Affordable to All

We believe everyone should have access to professional legal representation, regardless of their financial situation. You don’t need to wait until you can afford an attorney; we’re ready to assist you now.

We offer the option to take on your case on a contingency-fee basis, meaning there are no upfront costs for you. This arrangement enables us to get started on your case right away without any financial barriers.

Additionally, we provide free consultations to ensure you have a clear understanding of your legal options and the associated deadlines. We aim to make the legal process as transparent and accessible as possible so you can make informed decisions about your case without financial concerns. Reach out to our personal injury law firm today!

Call Chalik & Chalik Injury Lawyers 

If you are wondering about how much time you have left to pursue your car accident claim, we can discuss your deadline during a free consultation. Our team represents accident victims across Florida, and we want to see how we can help you.

When we handle a case, we work in a timely manner to abide by relevant deadlines. We begin working on your case immediately and keep an eye on the statute of limitations during negotiations with insurers. Contact us today to get started.