In Florida, you generally have two years to file a car accident claim—the statute of limitations changed from four to two years in March 2023. The reduced period can add a sense of urgency to your stress during recovery and rehabilitation. Our team at Kogan & DiSalvo can work with you to ensure you file a claim before time runs out. Reach out for a free consultation if you’ve been hurt in a car accident. We can answer your questions and assess your case to see if you have a viable personal injury claim.
The Meaning of the Term “Statute of Limitations”
The statute of limitations refers to the period you must file a lawsuit before it is time-barred. In this case, we’re referring to personal injury claims caused by car crashes. It encourages injured persons to file claims quickly while evidence remains fresh and witnesses are available. This promotes fairness in the legal process.
How Soon to File a Claim After a Car Crash
Filing a claim as soon as possible after a car crash is generally advisable. Sometimes, your Florida car accident lawyer may propose waiting for a time in cases where the medical diagnosis or survival rate is uncertain. Accurate healthcare information is critical in estimating the compensation the case deserves.
5 Reasons You Should File Sooner Rather Than Later
You may feel rushed by the statute of limitations. Why file now when you need to focus on recovery or grieving your loss? While this is a challenging time, there are excellent reasons to consider filing as soon as possible:
- Preservation of Evidence: Over time, physical evidence is harder to track down or retrieve, e.g., video footage can be erased, and witnesses might move away or be challenging to find.
- Quicker Resolution: The sooner you file, the sooner you potentially receive compensation for your injuries and damages.
- Medical Expenses: Medical bills can pile up quickly after an accident. Promptly filing a claim helps secure compensation to cover these costs.
- Statute of Limitations: Waiting too long may result in missing the deadline and forfeiting your right to seek compensation.
- Legal Advice: Filing early allows more time for your attorney to build a strong case, negotiate with insurance companies, and prepare for potential litigation.
How to Ensure You File Your Claim On Time
Filing a claim while focusing on your health and your family’s needs can be overwhelming.
Here are a few things that may help you:
- Document everything. Keep a dedicated file with important information, including the police report, names of all healthcare providers and treatment protocols, and all expenses.
- Follow medical advice. Adhere to all medical advice as it serves as evidence of the severity of your injuries.
- Communicate regularly with your attorney. Regular updates ensure your attorney has all the information to file your claim.
How Kogan & DiSalvo Can Help
Our experienced attorneys have recovered millions of dollars for our clients, and although we can’t guarantee the same results, we look forward to fighting for your rights.
Here are some of the ways we can help you achieve your goals:
- Provide expert legal guidance. Our experienced attorneys understand the complexities of Florida’s car accident laws, including the fact that the state is now a modified comparative negligence jurisdiction, barring claims in which the plaintiff is determined (by a jury or judge) to be more than 50% at fault for the accident.
- Handle Insurance tactics. Insurance companies can deliberately stall the process by alleging, for example, that your injuries aren’t that serious or that your fault exceeds 50%. Our attorneys are familiar with these strategies and know how to refute them.
- Prepare and present your case. Sometimes insurance companies won’t budge in negotiations. When this happens, we may need to take the case to trial to continue fighting for fair compensation.
Contact Us for a Free Consultation
When you seek to recover damages after you suffer losses in an accident, our team at Kogan & DiSalvo has the skill and experience to file your claim on time, thoroughly investigate your case and defend against any suggestion that you are partially at fault. We proudly offer award-winning personal injury representation to Florida residents on a contingency fee basis. That means we only get paid if we secure compensation on your behalf. Contact our firm today to schedule a free, no-obligation consultation with a law firm committed to your success.