A car accident can be a very traumatic event. After the initial shock of the accident wears off, you may start to think about your legal options. One of the first questions you may have is how long after a car accident can you sue someone?
The answer to this question depends on several factors, including the severity of the injuries suffered and the state in which the accident occurred. In Florida, for example, the statute of limitations for most personal injury claims is four years from the date of the accident. This means that you have four years from the date of the accident to file a lawsuit against the responsible party.
However, there are some requirements that must be met before you can sue someone after a car accident. This article will discuss those requirements and help you understand whether or not you have a case against the other driver.
Don’t wait too long to take action after a car accident. If you believe that you may have a claim, it is important to speak with an experienced personal injury and car accident attorney as soon as possible. In Hallandale Beach, Florida, get in touch with Jared Spingarn, Accident Attorney for a free consultation. Jared can help you understand your rights and options under the law and can ensure that your claim is filed within the applicable statute of limitations.
Car Accident Cases in Florida
Car accidents are very common in Florida. The most recent data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) shows that in 2020, there were an estimated 292,000 passenger car crashes in the state. These Florida car accidents can be caused by a number of factors, including distracted driving, drunk driving, speeding, and reckless driving.
If you have been involved in a car accident that was caused by another driver’s negligence, you may be entitled to compensation for your injuries. Most car accident lawsuits are pursued on the grounds of negligence of the at-fault driver.
Florida is a No-Fault State
Unlike other states in the country, Florida has a no-fault system in place. This means that each driver’s insurance company will pay for their own policyholder’s medical bills and property damage, regardless of who was responsible for the accident.
This type of insurance is called personal injury protection (PIP) coverage. Each car insurance company is required to include PIP coverage in an auto insurance policy. At the same time, all Florida residents are mandated to acquire PIP from their insurance company so they can continue to operate a vehicle in the state.
Typically, when a car crash occurs, the car accident victims are instructed to file an insurance claim. This personal injury claim is filed with the insurance company of the injured persons, and not of the other driver. This no-fault system is in place to lessen the number of car accident lawsuits being filed in the state. However, the system does have some exceptions. If you have been involved in a car accident and suffered serious injuries due to the negligence of the at-fault driver, you may be able to file a lawsuit for personal injury.
The best way to know whether you should file a car accident claim with your insurance company or that of the other driver is to speak with an experienced car accident lawyer from the law firm of Jared Spingarn, P.A. An experienced lawyer will be able to review the facts of your car accident case and help you make the best decision for your claim.
What are the Requirements to Sue Someone After a Car Accident in Florida?
Suffering serious injuries in a tragic motor vehicle accident, or incurring property damage expenses that exceed your PIP coverage limit, may lead you to consider taking legal action. To know whether you are eligible to file a personal injury claim and/or car accident lawsuit against the at-fault driver, it is important to understand the requirements of each. These requirements must be met before you can sue someone after a car accident in Florida:
- You must have suffered serious injuries as a result of the accident. This includes, but is not limited to, broken bones, disfigurement, paralysis, and/or disability.
- Your medical expenses must exceed $10,000, which is the minimum amount of PIP insurance coverage required.
- You must have suffered a permanent injury as a result of the accident.
Additionally, you must prove that the other driver’s negligence caused the accident, and therefore, your injuries. If you do not meet these requirements, then you may not be able to file a personal injury lawsuit against the at-fault party. In these personal injury cases, you can still file a claim with your own insurance company to cover your property damage and medical bills related to the car accident. Again, be sure to speak with your personal injury lawyer from Jared’s firm to ensure that you are taking the correct steps to recover compensation.
Florida’s Statute of Limitations: When can I sue for personal injury?
The statute of limitations is the time frame in which you are allowed to file a lawsuit. Once this time period has lapsed, you are no longer able to take legal action against the at-fault party. In Florida, the statute of limitations for filing a personal injury lawsuit is four years from the date of the accident. This means that if you do not file your lawsuit within four years, you may be barred from doing so.
Note that filing an insurance claim and filing a personal injury lawsuit are two very different things. An insurance claim is filed with your own insurance company, or the at-fault driver’s insurance company, to recover compensation for damages related to the accident. A personal injury lawsuit is filed in civil court against the at-fault driver.
There are many reasons why you may want to file a personal injury lawsuit, even if you have already filed an insurance claim. For example, the at-fault driver’s insurance company may be offering you a low settlement amount, or they may be denying your claim altogether. If this is the case, then filing a lawsuit may be your best option for recovering the compensation you deserve.
Filing a Wrongful Death Lawsuit
Getting into a car accident is difficult, but losing a loved one in a car accident may be even more devastating. If you have lost a loved one in a car accident that was caused by the negligence of another driver, then you may be able to file a wrongful death lawsuit against the at-fault party.
The statute of limitations for filing a wrongful death lawsuit is two years from the date of your loved one’s death. It is filed by the surviving family members or a personal representative of the deceased victim. In order to file this type of lawsuit, certain requirements must be met, which include:
- The death of the victim must have been caused by the negligence of another person.
- The victim’s surviving family members must have suffered financial damages as a result of the death.
If you meet these requirements, then you may be able to file a wrongful death claim. Contact Jared today for a free no-obligation consultation so you know how to go about the process of filing a car accident claim.
How much compensation am I entitled to in a personal injury lawsuit?
The amount of compensation you are entitled to in a personal injury lawsuit will depend on the severity of your injuries, as well as the financial damages you have suffered. Some of the most common types of damages that are awarded in these cases include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Do I need a car accident lawyer?
While you are not required by law to have a lawyer file a lawsuit or a claim with your insurance company, it is highly recommended that you do. An experienced car accident lawyer will be able to guide you through the legal process and help you recover the maximum amount of compensation possible. Get in touch with Jared Spingarn today to schedule a free consultation so you can learn more about how he can help you with your case.
How long after a car accident can you sue someone? In Florida, the statute of limitations for filing a personal injury lawsuit is four years from the date of the accident. For a wrongful death lawsuit, you only have two years from the date of the accident victim’s death. This means that if you do not file your lawsuit within this period, you may be barred from doing so. To help with your case, speak with the personal injury lawyers over at Jared Spingarn’s law firm in Hallandale Beach. They will be sure to help you every step of the way.
>> If you’re involved in a car 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 their Contact Us page.