Timeline for Florida Car Accident Claims
While driving can be fun and convenient at times, it can also be inconvenient and life threatening. Imagine driving on Florida roads at night when some drivers are seriously drunk while others are speeding and driving recklessly. There is always a chance that you are going to get into a crash. Obviously, car accidents normally cause physical injuries and property damage.
In addition to the drivers of the vehicles involved, pedestrians and passengers of the vehicles in the accident may also get injured. Since the state uses no-fault insurance laws, the auto insurance companies of the drivers involved in the accident will cover all the resulting liabilities. Unfortunately, no fault insurance laws have predefined liability coverage limits. As you may already know, the cost of treating physical injuries may vary from one accident to another depending on the severity. In most cases, however, the cost of treatment is usually much higher than what insurers are usually willing to pay. This means that to get a proper compensation, you will need to file a lawsuit against the other driver and their auto insurer to get a decent payout. In such a case, you will have to hire a competent car accident lawyer to help you file a car accident claim.
It is important you speed up a car accident lawsuit because there is a statute of limitation in the state of Florida for these suits. If you do not file within the prescribed time frame, there is little you can do to get a decent payout from your insurer or the other driver regardless of your circumstances. Please note that the statute of limitation will depend on whether the accident resulted in a death or physical injury.
If someone was physically injured during the accident, whether it’s the driver, passenger, pedestrian, motorcycle rider or a bicyclist, the injured party must file a lawsuit within 4 years from the date of the accident, not a day later.
The same 4-year statute of limitation applies to claims for property damage. If your car was significantly damaged and you lost your phone, or your laptop was severely damaged, you must file a claim for compensation within 4 years.
If someone died as a result of the accident, a wrongful death claim must be filed within 2 years from the date of their death. If someone goes into a comma for 3 years after the accident, then passes on, the survivors will have 2 years from the date of their death to file a wrongful death claim. Understanding the law and hiring a competent car accident lawyer are the keys to success with these lawsuits.