Written By: Lenorae C. Atter, Esq.
In Florida, time plays a role in all legal matters, including claims for injuries that have resulted from a car accident. If you have you been the victim of injuries suffered as a result from a car accident, then there are certain rules you should be aware of before too much time passes.
In Florida, injuries that result from a car accident are covered as a personal injury claim or tort. The Florida law requires that actions for negligence (someone failing to obey traffic signals, not paying attention, texting while driving, etc.) should be filed as a lawsuit within 4 years from the date of the accident. (Florida Statute 95.11(3)(o)).
If you are in an accident on May 1, 2010 and you suffer injuries, then Florida says that if you have not been compensated for those injuries within 4 years from the date of the accident, the a lawsuit MUST be filed to preserve your legal rights. There is an exception to this general rule if the lawsuit is against an insurance company for uninsured or underinsured motorist claim. For UM claims which are governed by the insurance contract in Florida, a lawsuit generally must be filed with 5 years from the date of the accident in order to preserve the legal rights.
When you are in an accident, accident victims should file a claim with his or her own own automobile insurance company and the at-fault party’s insurance carrier. If a person suffers an injury in an automobile accident, medical treatment should be sought immediately. The extent and impact of the injuries may not be truly known for months following the accident; nevertheless, timely medical care is important so that all medical options can be considered and taken in dealing with the injuries.
In addition to timely medical care, it is important for a person to get assistance from an attorney in a timely fashion as well. Suffering injuries from an accident can be painful both physically and mentally. Doctors are trusted to give you the medical advice associated with your physical injuries. It is also helpful to get advice and guidance regarding your legal rights from an experienced Florida personal attorney. Know all of your legal options and rights before accepting any money from the insurance companies for your injuries.