Getting into an accident is always a stressful experience, but if you or a loved one is injured, it can be especially overwhelming. One of the first questions you may have is how long to file a personal injury claim.
The answer to this question depends on several factors, including the location in which the accident occurred and the type of injuries involved. In Florida, the statute of limitations for filing a personal injury claim is four years from the date of the accident. However, there are some exceptions to this rule.
This article will help you understand how long you have to file a personal injury claim and how long personal injury trials last on average. We will also provide some information on the process of filing a personal injury claim.
Sustaining a personal injury from an accident may require a lot of time off to recover. The best way to ensure that your personal injury lawsuit or claim is being handled is by hiring a personal injury lawyer. If you’re in Hallandale Beach, be sure to contact Jared Spingarn, an experienced personal injury attorney who has handled most types of personal injury cases.
Florida’s No-Fault Law
Florida is a no-fault state, meaning you can file a claim with your insurance company regardless of who caused the accident. This law applies to individuals holding a personal injury protection (PIP) policy.
The good news for vehicle owners is that PIP coverage should come with your auto insurance, so you are well-protected in case of a vehicle accident. In case you do not have PIP coverage, you can use the policy of an immediate relative, as long as you are living under the same roof.
Before proceeding to a personal injury lawsuit, you can make a legal claim with your insurance company. If you sustained minor injuries in the accident, you need a record of the medical treatment you received. You will also need a wage and salary verification form from your employer to account for any lost wages due to the accident.
Typically, the insurance company will also look for a copy of the police report of the accident. All these documents are required by the insurance company so they can properly assess your claim.
Insurance Claim for Minor Injuries
In Florida, personal injury claims for minor injuries must be filed as soon as you are able. As mentioned, a minor injury insurance claim is filed under your personal injury protection coverage.
Your attorney from Jared’s firm will help you calculate how much your claim is worth, taking into account all the damages you have suffered. These include your past and future medical bills and lost wages
To have a fighting chance to receive compensation, make sure that you receive medical treatment within two weeks or 14 days of the accident. By staying within this timeframe, you can argue that all your injuries were caused by the accident, leading to a pile-up of medical bills and lost wages.
Additionally, your claim must also be within the filing deadline or statute of limitations of a personal injury. In Florida, the statute of limitations is four years from the date the accident occurred.
Keep in mind that an insurance adjuster can be ruthless – the goal of an insurance adjuster is to settle your claim with the lowest amount possible. So if you go beyond the period for seeking medical treatment, the insurance provider may argue that your injuries were not caused by the accident, or that they have healed completely and are no longer relevant.
After your personal injury claim is filed, the insurance company will have 30 days to accept or deny your claim. If they deny your claim, you can file a personal injury lawsuit against the at-fault party.
It is always best to consult with a personal injury attorney before doing so. For accident victims living in Florida, Jared Spingarn will be able to advise you on how to proceed and whether or not filing a personal injury claim is in your best interest. He can also provide an estimate of how much compensation you should receive in your personal injury case.
To find out how to get the most from your insurance claim payout, read the “10 Tips for Understanding and Negotiating the Estimate” by following the link.
What is MMI?
A good personal injury attorney from Jared Spingarn’s law firm will advise you to wait to file your claim until you reach maximum medical improvement (MMI). Maximum medical improvement is the point at which your injuries have healed as much as they are going to, and you have a good idea of how much your required future medical care may be.
Waiting for you to recover is in the best interest of both you and your personal injury attorney, as it allows for a more accurate estimation of how much your injuries will cost in the long run. Once you reach MMI, it’s time to file your personal injury claim with the insurance company.
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Florida’s Statute of Limitations for a Personal Injury Lawsuit
Florida’s statute of limitations differs from other states, so make sure that you or your attorney checks how long to file a personal injury claim for your case. So, what is the time limit for personal injury claims?
As mentioned, for personal injuries, you have four years from the accident date to file a claim. This statute of limitations is beneficial to the accident victim because you may not know the extent of your injuries until long after the accident has occurred.
If you do not file your personal injury lawsuit within this four-year window, you may be barred from ever doing so, no matter how severe your injuries are. However, there are some exceptions to this rule.
In Florida, the statute of limitations for a wrongful death lawsuit is two years from the date of death. The immediate relatives of the deceased will choose a personal representative among themselves. This representative will represent the estate of the deceased in pursuing compensation.
Discover how juries determine noneconomic damages for family members in wrongful death cases by reading our article. Click the link for more information.
For medical malpractice, the statute of limitations in Florida is a bit more complex. Medical malpractice is defined as a professional negligence by a health care provider that leads to personal injury or death. In these cases, the following deadlines apply – two years from the date of the incident OR two years from the time the incident was discovered.
However, the personal injury suit must not exceed four years from the date of the incident. If the suit is filed on behalf of a child younger than eight years old, the four-year period may be extended. Another exception is if the hospital or medical professional intentionally concealed the malpractice, then the plaintiff is given up to seven years to file a claim.
Lawsuit Involving a Government Entity
In a civil lawsuit that involves the State of Florida, you have four years to file a claim. However, your personal injury attorney must give notice to the involved party within three years. Failing to do so will result in the claim being automatically dismissed.
However, if you plan on filing a claim against the federal government, you or your lawyer must file all the necessary paperwork within two years of the incident. If your claim is accepted, a settlement offer may be reached. But if it is denied, you can then proceed with a lawsuit.
Lawsuit Involving a Minor
If you are filing a claim against a minor, the statute of limitations does not begin to run until they turn 18 years old. Once they turn 18, you have four years to file a claim. This timeline also applies if the minor is the victim.
This exception is in place because it can be difficult for a minor to understand their legal rights and how to proceed with a personal injury claim. As such, they are given a bit more time to make a decision on whether or not to pursue compensation.
How long do personal injury trials last?
How long does the average lawsuit take? Most personal injury cases are settled before going to trial; however, if your case does go to trial, it can take anywhere from several months to a few years. The length of your personal injury trial will depend on how complex your case is and how long it takes to gather all the evidence.
If you have been injured in an accident, it’s important to understand your legal rights and options. An experienced personal injury attorney can help you navigate the claims process and ensure that you receive the financial compensation you deserve. Contact Jared Spingarn today for a free evaluation of your case before you begin legal proceedings.
Take action immediately after a personal injury.
Both minor and serious injuries caused by an accident can have devastating effects. Aside from physical pains and an ongoing financial impact, you may also have to deal with mental and emotional trauma due to the accident.
It is important to take action immediately after the accident occurs because how long to file a personal injury claim and how long personal injury trials last can be variable. Even if you are still receiving medical treatment, be sure to get in touch with Jared Spingarn, your trusted accident attorney, so he will have a firm understanding of what occurred.
Keeping in touch with a personal injury lawyer from Jared’s law firm will help you through your healing process as you will be able to build an attorney-client relationship that is mutually beneficial. Communicating with your attorney will also ensure that you don’t miss the filing deadline and that you begin the claims process within the statute of limitations.
>> If you sustained personal injuries in an accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 for a Free Case Review or drop a message on our Contact Us page. <<