If you were hurt in a car accident, Florida limits the amount of time you have to file a claim.
When you are in a car accident, you can sustain permanent and serious injuries. But how long after a car accident can you claim injury in Florida?
In most cases, you have four years from the date of the accident to file a personal injury lawsuit in Florida. This time limit is established by Florida’s statute of limitations laws.
Failing to file a personal injury lawsuit within four years of the accident can prevent you from receiving compensation via a lawsuit, even if there is strong evidence in your defense.
If you are wondering about how the statute of limitations pertains to your car accident case, or how much time you have left to act, you may want to contact a car accident lawyer for a free consultation.
Damages in a Florida Car Accident Claim
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.
In Florida, there is no cap on economic damages in personal injury cases. Economic damages may include expenses with a defined cost such as medical bills, a replacement for a totaled car, and more.
There may also be no cap on non-economic damages in certain cases. However, there are specific criteria for non-economic damages being awarded.
Non-economic damages
Non-economic damages include things like pain and suffering and mental anguish. To receive non-economic damages in your Florida car accident case, you may need to demonstrate that the accident caused you to suffer permanent injuries. This may require documentation from a medical professional to validate that your symptoms are chronic.
With certain injuries, your symptoms may have to continue for several months before they are considered permanent. Other times, a car accident can worsen a preexisting condition that may result in chronic issues.
Failing to adhere to the filing requirements means you may not be able to recover any financial compensation for your injuries in a personal injury lawsuit, even if they are permanent.
Fault and Compensation in Car Accident Cases
In a car accident case, the driver who is at fault for the accident may be held liable for the damages they cause. The law may determine that the at-fault driver is the one who acted negligently by not obeying the traffic laws. This can include:
- 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 with no headlights on
- Drunk driving
- And more
If a court determines that a negligent driver caused your accident, you may be able to recover compensation for:
- Ambulance services and emergency room treatment
- Current medical expenses
- Lost wages or earning potential
- Treatment for chronic injuries
- Towing, repair, and replacement costs for your vehicle
- Pain and suffering
- And more
Florida law may apply comparative fault in a car accident case, meaning if you are partially responsible for the accident, your compensation may be proportionally reduced. For example, if a judge determines that you are 25% responsible for the accident, your compensation may be reduced by 25%.
What to Do if You Are Injured in a Car Accident
If you injured in a Florida car accident, you may want to:
- See a doctor as soon as possible so that they may diagnose any injuries and begin treatment
- Retain copies of any accident reports, photo or video evidence you have from the scene of the accident, including witness contact information
- Use caution when speaking with the responsible party’s insurance company, who may try to use your statements to reduce or deny your claim
- Determine how long you have to take legal action according to Florida’s statute of limitations
You may also want to consult with a Florida car accident lawyer to discuss your legal options.
Call Chalik & Chalik Injury Lawyers Today
If you are wondering how long after a car accident your Florida injury claim is actionable for, contact Chalik & Chalik Injury Lawyers. Our firm represents Florida car accident victims in personal injury cases, and we offer a free consultation call. We can discuss your accident and how much time remains for you to take legal action when you call us at (855) 529-0269.
Should you choose to hire us to represent your car accident case, we may be able to do so on a contingency-fee-basis with no up-front costs to you.
