Miami Personal Injury Lawyer Blog
A Miami car accident can turn your life around, leaving you with sky-high medical bills, days away from work, and immeasurable pain and suffering. Because of the implications, Florida law allows victims to pursue the at-fault driver after a traffic crash. You can recover damages for your medical costs, lost wages, and other impacts on your quality of life. However, there are deadlines you must meet when seeking legal remedies. Florida’s statute of limitations applies to auto collision claims, so time is of the essence.
Plus, timing issues also affect other aspects of your case, and it is possible to gain an edge in your case when you have a solid strategy. Guidance from a Miami car accident lawyer is critical to helping you develop a plan that best leverages all relevant facts. You can also read on for some information on the various time factors that could arise during the legal process.
Details on the Florida Statute Limitations
The deadline for filing personal injury lawsuits, including auto accident cases, recently changed. As of 2023, Florida’s statute of limitations is two years, down from the previous law that allowed four years to initiate litigation. If you do not start your lawsuit by filing a complaint in court, you are barred from recovering compensation. There are some exceptions, and different rules apply to children who are victims of car accidents. The statute of limitations is extended for up to seven years after the crash or two years after the minor becomes an adult.
Timing and Medical Treatment
There is no legal requirement to get medical care within a certain period of time after a traffic collision, but you gain an edge when you do. The rules of thumb are:
- You need go to the ER immediately or rely on EMTs for transport when injuries are life-threatening.
- Head to an urgent care center for same-day treatment.
- Visit your own primary care physician right away.
At the very most, you should seek medical treatment within 72 hours after the accident.
Filing an Insurance Claim
Another deadline to note applies when you are seeking compensation under your insurance policy’s Personal Injury Protection (PIP) coverage. This remedy involves filing a first-party claim since you are dealing with your own insurer. Under Florida law, you are required to seek medical care within 14 days after the car crash. You give up your right to obtain damages from your insurance policy if you do not comply with the deadline. If you are filing a third-party claim with the at-fault driver, this rule does not affect your rights.
Contact a Miami Car Accident Attorney to Get Started
Timing is important to comply with legal rules, but prompt action means you could get paid quickly after an auto crash. To learn more, please call (305) 371-6000 or go online to reach Gerson & Schwartz, PA. We can set up a no-cost consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. After reviewing your case, a Florida car accident lawyer will advise you.
