All personal injury cases are governed by a deadline known as a statute of limitations. Failure to file your case before this deadline passes can have a devastating effect on your right to compensation. Among other things, missing the deadline nearly always results in your case being dismissed in court. Therefore, do not wait to bring your injury case to an attorney as soon as possible.
The injury attorneys at Zervos & Calta are ready to fight for you. If you were injured in a car accident and are worried about the statute of limitations, call us today for a free consultation. Read on to find out how the statute of limitations impacts your right to compensation.
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How Long Do You Have to File a Claim for a Car Accident in Florida?
Each state sets its own statute of limitations for different kinds of cases. In Florida, injury victims in car accidents must bring their case seeking compensation within two years from the date of the accident. However, relatives seeking compensation for the death of a loved one in a car accident must file a wrongful death suit within two years from the date of the accident.
Statutes of limitations are strictly enforced. Subject to very few exceptions, failure to file your case before the deadline passes results in your case being dismissed. Many insurance policies also require that you file a claim before certain deadlines pass.
Ultimately, it is in your best interest to have an attorney review your case sooner than later. The sooner you consult with a lawyer, the more time they will have to evaluate your case, investigate the law, meet important deadlines, and chart your path toward maximum compensation.
How Can the Deadline Affect Settlement Negotiations?
Most personal injury cases are settled through out-of-court negotiation with the at-fault party or their insurer. During these negotiations, the injured party may agree to a reasonable compensation package in exchange for permanently dropping their legal right to seek compensation in court. As long as a court does not make a final ruling on their case, an out-of-court settlement is possible even after the case is filed.
There are many reasons why an injured party may opt for an out-of-court settlement. These include:
- The at-fault party makes a fair offer
- The injured party needs or wants their financial compensation as quickly as possible
- The odds of securing higher compensation in court are low
However, missing the filing deadline significantly reduces your options when negotiating a settlement. Remember, the threat of a lawsuit gives injured parties important leverage when negotiating with at-fault parties and their insurers. Missing the filing deadline — and thereby destroying your right to file a case in court — destroys this leverage.
Expressed differently, by missing the deadline set by the statute of limitations, you give the at-fault party power to make a take-it-or-leave-it offer. Though insurers will still be legally obligated to comply with the terms of the governing insurance policy, they will also be empowered to offer the minimum amount of compensation allowed by law.
The best way to avoid finding yourself in this difficult situation is by bringing your case to a personal injury attorney as soon as possible after your accident. The legal team at Zervos & Calta is here to help. Call today for a free consultation.
How Can Insurance Companies Delay Your Case?
Insurance companies sometimes use delay tactics when processing your claim. In some cases, they do so to push you closer to the filing deadline. In others, they are simply trying to frustrate you into accepting a low settlement offer.
The insurance industry is highly regulated throughout the country to protect consumers by discouraging these practices. Many of these tactics are even illegal. Notwithstanding, you may still encounter “bad faith” negotiation when dealing with an at-fault driver’s insurer.
An insurance company might act in bad faith from the moment you file your claim. Therefore, you should always exercise caution when discussing your case with the assigned adjuster. Among other things, insurers may:
- Deny your claim unjustly
- Misrepresent the facts of your case
- Insist that a first offer — often a “lowball” offer — is the best and final
- Process your claim slowly to push you closer to the filing deadline
- Intimidate you with overwhelming legal terminology and documents
The best way to deal with an insurance company negotiating in bad faith is to hire an attorney to explain your rights and make sure you are not taken advantage of. At Zervos & Calta, our personal injury attorneys deal with insurance companies on a daily basis. We will not be swayed or intimidated by misbehaving insurers. Let us fight for you.
What Compensation Is Available After a Car Accident?
Compensation in car accident cases varies widely depending on the severity of your injuries. At the end of the day, each accident is unique and should be evaluated on a case-by-case basis. That said, you may be entitled to compensation for:
- All accident-related medical costs
- Pain and suffering
- Lost income and earning power
- Loss of consortium and enjoyment of life
- Damage to your vehicle and other personal property
What Steps Should I Take After a Car Accident?
Some car accidents result in catastrophic injuries and even death. Others are merely frustrating. No matter the nature and severity of your accident, there are a few steps you should take to protect your right to compensation. These include:
- Report the Accident – You should report your accident as soon as possible. The responding police officers will prepare an accident report and document the scene. This information can serve as important evidence in your case.
- Exchange Contact Information – Exchange contact information with all involved drivers, as well as any witnesses to the accident. In particular, be sure to collect the full names, contact information, driver’s license numbers, license plate numbers, insurers, and policy numbers of any other drivers involved in the accident.
- Document the Scene – The scene of the accident is the best place to begin collecting evidence for your case. Visually document things like your injuries, damage to vehicles, road conditions, weather conditions, and evidence of driver impairment. Photographs and videos of the immediate aftermath of the accident can turn the tide in your case.
- Seek Medical Treatment – Evaluate your injuries and those of other passengers in your vehicle. Seek treatment as needed. Some injuries may require immediate medical attention. Others may not. Either way, because some injuries may not appear until some time has passed after the accident, you should always seek professional medical attention. The treatment records created by your doctor will be another crucial source of evidence in your case.
- Hire an Attorney – You should bring your case to a personal injury attorney as soon as possible. An attorney will make sure you know your options and are not taken advantage of by insurers.
Let Our Car Accident Attorneys Fight for You
Auto accidents are stressful enough without worrying about filing a lawsuit seeking compensation. However, auto injury victims should know that their right to legal compensation may be eliminated if they do not file their case before the statute of limitation expires. Therefore, do not wait to speak with an attorney.
The Florida car accident lawyers at Zervos & Calta are ready to evaluate your case and defend your right to fair compensation for your injuries. Call us today for a free and confidential consultation.
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About the Author
Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.
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