One of the most common questions in regards to personal injury claims is, “How long after a car accident can I claim?”
The answer is not as straightforward as it may seem. There are many factors that determine how much time you have to file your personal injury claim. In this article, you will learn about the statute of limitations and how it affects your interactions as the accident victim with the insurance provider. We’ll also look at its overall impact on personal injury.
Statute Of Limitations: What Is It And How Does It Apply To Car Accident Claims?
The statute of limitations is the time limit imposed by your state of residence to file a personal injury claim or personal injury lawsuit.
There are many layers in the statute of limitations which include getting checked for injuries at the scene of the accident, receiving medical treatment and filing any insurance claims. Since the process includes so many steps and details it is important to know when and how to file a personal injury claim or personal injury lawsuit.
Statutes of limitation will also vary based on different types of accidents and the extent of the injuries as a result of the car accident. It is important to check your state’s language carefully when determining how long you have to file a personal injury claim. A personal injury lawyer can assist you with navigating the statute of limitations in your state.
How Long After A Car Accident Can You Claim Injury?
After a car accident, it is important to receive medical attention for your injuries as soon as possible. The information logged at the scene of the accident will be used in insurance claims and personal injury lawsuits. The statute of limitations to file a claim with your insurance company or with the courts in your state will vary.
A personal injury claim is filed with the insurance provider. A personal injury lawsuit is filed with the courts. This is an important distinction because if your insurance provider fails to pay what you need to recover from your accident and lead a gainful life and you need to file a lawsuit, you likely lost some time throughout the claims process.
If you are injured in an auto accident that was not your fault and you don’t start the insurance claim process within two years, it is unlikely that the responsible party’s insurance company will agree to pay you for your injuries. The sooner you begin the claims process the better, for both the insurance provider’s statute of limitations and the court’s.
Always speak to a personal injury lawyer as soon as possible after a motor vehicle accident to receive advice on what steps you should take next. Florida law (Fla. Stat. Ann. § 95.011 et seq.) requires every injured person who wishes to file a personal injury claim to commence a formal legal action before the statute expires.
Who’s At Fault For My Injuries?
A key piece to a personal injury claim is determining who is at fault in the car accident. The scene of the car accident is recorded in the accident report. The accident report can be used as evidence for the insurance claim. At this point the statute of limitations will be in effect and the time limit to make an insurance claim or take legal action begins. Depending on the state the insurance company will need to know who is the at-fault driver.
At-Fault States
If the at-fault party was entirely responsible for the accident, it is more likely that they will cover your medical bills and legal fees. Any property damage will be the responsibility of the at-fault driver which is enforced by the insurance company. The at-fault driver has demonstrated recklessness in their driving which is logged at the scene of the accident. The insurance claim will consider this information when settling the damage claim.
The time limit is based on prior to the crash taking place and how long after an accident one can make a claim. Each state has different laws so use court forms or speak to a lawyer in your area who can advise on what steps you should take.
No-Fault States
In a no-fault state there is little protection for the accident victims through the at-fault driver’s insurance company. The accident victim will need to contact their own insurance company regarding personal injury protection after a car crash. It’s helpful to have a police report filed to substantiate your claim.
Your insurance company will review the information you provide and inform you of the amount of money your insurance policy can cover for damages as a result of your auto accident. This process can take weeks or months, so the sooner you start the better, if you want to ensure your medical expenses are covered, no matter what state you live in.
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Common Injuries Resulting From Car Accidents
Below are some common types of injuries resulting from a car accident:
- Pain and suffering resulting from bodily injury sustained during the motor vehicle accident
- Medical bills accrued from medical care after the auto accident
- Damage claims from property damage caused by the car accident
- Car accident resulting in the death of a passenger
- Lost wages due to work absences because of the extent of your injuries
- Difficulty in returning to a normal lifestyle because of the injuries you sustained during the auto accident
- Auto accident resulting in disfigurement that requires ongoing medical care
- Car accident causing temporary or permanent disability to an accident victim
How Long Do I Have To File A Claim?
The amount of time for filing a personal injury claim varies from state by state. To make sure you are filing your claim within the statute of limitations follow these steps:
Track the time: Keep track of the amount that passes between your car accident, receiving medical care and speaking to your personal injury lawyer. Remember the statute of limitations is different from state-to-state.
Confirm the dates: Insurance company deadlines will be different from your state lawsuit requirements. Make sure to double-check the dates for filing the insurance claim versus going to court. Often the insurance company will negotiate the case and settle outside of court.
Pay attention to exceptions to the rule: If minors are involved or a person with a disability was involved in the car accident, the statute of limitation changes. If the person that caused the auto accident leaves the state for any reason during the insurance claim process the time limit will change.
The statute of limitations for personal injury claims in Florida is two years(Fla. Stat. Ann. § 95.011 et seq.). Your right to compensation expires after two years from the date you suffered your injuries. It is important to start the insurance claim process with your insurer and receive medical treatment as soon as possible.
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Florin|Roebig: Car Accident Claims Lawyers
From New York to Texas, after a car accident, you need a car accident lawyer to help you understand the complex processes behind filing a personal injury claim or lawsuit. The statute of limitations will impact when you can file a personal injury case. We work for you to make sure you get the compensation you deserve after an auto accident, especially when serious injuries are involved.
Even if you have whiplash or another injury, your auto insurance company has adjusters working on their side to make sure they don’t overpay for your claim. They know all the rules and time periods you have to file.
Don’t fall victim to a disclaimer in your car insurance contract presented as fine print. A state’s statutes can be confusing when getting justice for a personal injury or accident claim. We understand this is sensitive and honor and respect the attorney-client relationship. We’ll give you a free consultation and make sure you are within the appropriate time frame to make a claim.
Contact the car accident attorneys at the law firm of Florin|Roebig for a free consultation, today, so you can live your best life after an auto accident. Call our phone number today, a personal injury attorney is waiting to talk to you.
