When you suffer from an injury in an accident that occurs due to another party’s negligence, most personal injury lawyers recommend filing a claim as soon as possible. However, that doesn’t mean you need to file immediately – how long you have to file a claim depends on factors like when you discovered your injuries. Let’s take a look at how long you can wait before filing a personal injury claim in Florida.
If you were involved in an accident, you may be unsure of whether you have a valid claim to file for damages against the responsible parties. Understandably, this can cause delays in filing a claim. But as the victim, you have a limited timeframe to file for damages after incurring an injury because of another party’s negligence.
The Statute of Limitations
Each jurisdiction has a statute of limitations – a set of laws that put a limit on how much time you, i.e., the plaintiff, have to take legal action. In personal injury law, there is a time limit for claiming damages against the parties you believe are responsible for your injuries. The statute of limitations that will apply in your personal injury case depends on where the incident occurred. Because the time limit varies between states, understanding the statute of limitations is important to know how long you have to file for damages.
How It Affects Personal Injury Cases
In a personal injury case, the most common considerations include the extent and severity of your injuries and the amount of damages you’re eligible to receive. The statute of limitations, on the other hand, is only relevant in terms of when you file a personal injury lawsuit.
But as a personal injury victim, you can’t be sure of how your case will move forward. Although it’s common for most claims to be settled early on, you can’t dismiss the possibility of needing to file a suit. Not considering the statute of limitations can prevent you from receiving the compensation you need.
Usually, courts throw out cases when the lawsuit is filed beyond the statute of limitations. This means you won’t have any legal options to receive compensation. While there are exceptions to the statute of limitations, they’re rare and apply in a few circumstances.
Understanding The Statute of Limitations in Florida
In Florida, personal injury victims have two years to file a claim against the negligent party or parties. Though it seems like a long time, it passes rather quickly during complex legal cases. Despite the statute of limitations, personal injury attorneys advise against waiting to file a personal injury claim. That’s because it can result in delays and complications, preventing you from pursuing rightful compensation.
Waiting To File a Personal Injury Claim
After being involved in an accident, it typically takes some time to realize that your injuries are serious. At most, you’ll have a good idea of medical expenses, but it takes a while before you understand how these injuries will affect your quality of life. The impact of your injuries on your ability to work and the time needed to heal isn’t easy to determine so soon after a personal injury accident.
Because of this, it may seem like a better idea to wait some time and get a clearer idea of your recovery timeline and resulting damages. Consequently, you may delay seeing a personal injury lawyer to help with your case.
Unfortunately, this does more harm than good, as the delay limits your rights to pursue compensation through a personal injury claim. If you incurred injuries as a result of another party’s negligence, you shouldn’t wait it out. The sooner you get in touch with a personal injury attorney, the better it is for your personal injury case.
Consider Insurance Policy Terms
Because most legal discussions emphasize the statute of limitations, it can lead you to believe that it’s the only time limit you need to consider. However, because most personal injury claims involve an insurance policy, you need to consider its terms when deciding on the best time to file a claim.
Insurance policies usually have specific time limits as to when you should notify them of an accident and file a claim. When you fail to abide by these terms, you lose the chance to negotiate a settlement. It’s best to consult a personal injury attorney as soon as possible. They’ll walk you through both aspects: the law and terms of the insurance provider with whom you’re filing an injury claim.
How Long It Takes To Receive a Settlement
When you file a personal injury claim, you and your personal injury attorney will negotiate a settlement with the insurance company. Even though most claims are settled out of court, the amount of time they require can vary. The negotiating process ranges from a few weeks to several months.
Ultimately, it depends on your case and whether the insurance company is willing to pay the settlement that you deserve. Despite there being a statute of limitations for filing a personal injury claim, there’s no statute for how long it takes to settle a claim. In the event that your claim goes to court, you’ll need to wait even longer to receive compensation.
Start Building Your Case and Don’t Delay Treatment
When you’ve suffered from injuries due to an accident, it’s imperative that you seek medical care as soon as possible. While no one wants to blindly fill out a personal injury claim, you mustn’t wait too long to get treatment.
Insurance providers see it as a sign that your injuries and damages aren’t that severe. Not to mention, you need to start gathering evidence such as witness testimonies, medical records, and police reports quickly. Since evidence like eyewitness reports can get less reliable with time, you need to act fast.
Understandably, it’s not easy to go through these steps in the time after you’ve faced a major injury. Nevertheless, the more time that passes, the more difficult it becomes to pursue compensation.
