If you have been injured by another vehicle and decide to seek compensation from the at-fault driver, you need to know the time limits for suing. Each state has laws addressing deadlines to sue someone for a car accident, known as the statute of limitations.
Every statute of limitations sets a maximum time for parties involved in a crash to initiate legal proceedings.
When Should You Sue For A Car Accident?
It can be tricky to know whether to sue when you’re in a crash and not at fault. A severe accident injury may require surgery and impact your quality of life in the long term. In this or similar cases, you have a right to compensation for the damages caused by the negligent driver.
Florin|Roebig attorney Chad K. Florin states, “Hiring a car accident attorney and filing a claim starts the legal process against the person responsible for your pain and suffering. Minor injuries are common after a crash, but it doesn’t mean you have a justified complaint against the responsible party. Unfortunately, even major injuries may not fit the bill. The burden of proof falls on you as the plaintiff to make the case against the at-fault driver. It’s important to have a qualified legal team on your side to meet the burden of proof.”
Some states have laws regarding car accident claim timing, including medical care. Not seeing a healthcare professional within the time allowed after a car accident may result in your claim being thrown out. The time to sue after a car accident is as soon as possible. You can check your state laws for filing deadlines, or you can work with experienced car accident lawyers like those at Florin|Roebig, who will handle the case for you and give you a chance to focus on recovering.
Reasons to sue for a car accident include:
- You have suffered serious injuries due to the other driver’s negligence.
- A car accident resulted in the wrongful death of a loved one.
- You’ve been unable to perform everyday tasks or hobbies.
- The accident negatively impacted your quality of life.
Factors That Affect How Long You Have To Sue After A Car Accident
Certain factors can affect how long you have to file a lawsuit after a motor vehicle accident. These can include the state’s statute of limitations, the type of accident claim being filed, and whether the crash resulted in wrongful death.
Most states have a general statute that applies to most accidents with exceptions for certain lawsuits. For example, filing against government entities often shortens the time frame, while incidents involving minors often extend it.
Statutes Of Limitations
Florida currently has two general statutes of limitations for car accidents due to a law passed in 2023. Depending on the accident date, you may have four or two years to file a lawsuit following a car accident. Understanding your state’s laws for the time frame to sue is important. Once the statute runs out, your claim is invalid.
For injuries you discover later, state laws for car accidents reset the statute of limitations for the date of discovery. So, if you have a two-year statute of limitations but your injury presents three years after your accident, the statute of limitations for filing a claim for the newly discovered injury is two years.
Some states set a specific period after an accident to see a doctor. If you don’t receive documented medical care in that time, then any injuries that later arise may be invalid claims. You also have to prove that the later injury resulted from the accident that occurred years prior, which is why it’s so important to get professional legal help with your car accident claim.
A qualified law office will understand the state laws that apply to your case and your filing deadlines. Florin|Roebig can advise you on the eligibility of your claim and what compensation you can expect for damages.
The Type Of Accident Claim
Personal injury protection (PIP) auto insurance pays for part of your medical bills related to the auto accident and a percentage of lost income in no-fault states.
Bodily injury claims compensate for injuries related to your accident when caused by another driver’s negligent behavior. It may be used in criminal cases, such as drunk driving accidents.
Wrongful Death
Wrongful death cases may have statutes that differ from those for most car accident claims in your state. The state may also regulate who can file the wrongful death claim, such as the estate executor or an immediate family member.
Arguments can arise between family members over who will file the car accident lawsuit. When this happens, or there’s no will or estate, the court may appoint a personal representative.
If two or more claims are filed, the court will likely combine all of the claims into a single lawsuit.
Filing An Injury Lawsuit Vs. Going Through Your Insurance Company
If you are in a car accident, the first thing you want to do is file a police report. You should also seek medical attention, even if you aren’t in pain. This is important because injuries may arise a day or so later, and a report will provide details if you need to file a claim with your insurance company or with the at-fault driver’s insurance.
If injuries are or become apparent, consider finding legal representation. A car accident attorney can help you receive compensation for any injuries or pain and suffering caused by the incident.
Filing an insurance claim is the first step to receiving compensation for injuries obtained in an auto accident. Depending on whether you live in an at-fault or no-fault state, you may file with your insurance company or the responsible party’s insurance.
When an insurance company receives car accident claims, it assigns insurance adjusters to each one. Your insurance company’s adjuster or that of the other party may contact you. It gets challenging here. Each insurance company’s attorney may also reach out to you with questions. It’s important to take this into account when considering whether to seek a personal injury lawsuit vs. insurance claims.
According to Florin|Roebig lawyer Chad K. Florin, “Without legal representation, you may find yourself in a pickle. Why? Because insurance representatives are first and foremost looking to reduce or deny claims payments. This goes for your company, too, which can be hard for claimants to understand, and why legal advice for car accidents is so important. We work to get you fair compensation, which is how we’ve won over $1 billion for our clients.”
Reps will often speak sympathetically and empathize while questioning you. These tactics can make you want to agree with or help them, but that often means accepting blame that’s not yours to carry or agreeing to a much smaller payout than you deserve.
A car accident lawsuit may need to be filed if a settlement offer cannot be reached. If an injury case is filed, the case may go to trial. Know that if the other party can prove that you share the blame for injuries sustained, then your compensation may be reduced.
While insurance companies tend to encourage policyholders to file a claim immediately, it’s not necessarily in your best interest to do so.
Working with the right attorney prevents you from making these mistakes. Law firms like Florin|Roebig protect your rights as the injured party and fight against underhanded methods insurance companies use. Our efforts go into proving your car accident case and getting you maximum compensation.
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What To Do After A Car Accident
Knowing what to do in the moments after impact is paramount. There are a few steps after a car accident that you can keep in mind for when the need arises.
Don’t Panic
Shock and fear are common emotions when you’re in an accident. Collisions are never expected and can leave you in a panic. Close your eyes and take a few deep breaths to get your bearings, if you’re able. Panic is the enemy, and if you or someone else begins behaving irrationally, know that shock has set in.
Check Everyone For Injuries
Check yourself, your passengers, and the persons in the other vehicle for injuries. Some states require that you check on everyone involved in an accident, so you’re doing a good deed and following the law when you do. However, don’t apologize for the accident or make statements to indicate fault. If you do, you may invalidate any claim for damages. While you may share the blame, it’s best to allow your legal representation to settle how the responsibility is distributed.
Call The Police
If anyone is injured, call 911 immediately. Emergency services will ask questions and send assistance based on your responses. Many states have requirements for when law enforcement must file an incident report. In Florida, it’s anytime someone is injured or killed or when the property damage exceeds $100. In Texas, the damage has to cost at least $1,000.
File A Police Report
When the police arrive, tell them, to the best of your ability, what happened. Try to stick to the facts rather than impressions. The purpose is to get the time and place of the accident and other details on record to reference later. However, understand that police reports can include opinions from all parties and may not accurately reflect all details. Read over the report carefully to ensure everything is correct.
Take Photos Or Video
If possible, take photos of the accident scene, including all motor vehicles involved, damage to the surrounding area, and any bruising or bodily harm. Videos are also helpful in preserving evidence. You never know what will matter when proving a claim, so it’s a great idea to gather as much evidence of your car accident as possible.
Exchange Information With The Involved Party
After an accident, it is important to collect the following information:
- Driver’s license and plate numbers
- Full name and contact information of everyone involved
- Contact information for any witnesses
- Make, model, and color of the cars involved in the accident
Seek Medical Care
It may seem unnecessary, but car accident injuries can show up days or even years after a collision. Sometimes, a medical professional can catch an injury you haven’t noticed yet. Other times, a check-up simply sets the timeline for when you sought medical care after a car accident but had no pain. Medical records hold potentially helpful information and may prevent your claim from being declared ineligible later.
Document all types of injuries from your car or truck accident and your medical treatments. Medical malpractice can occur after a collision, and having a paper trail ensures we can add this to your claims.
Consider Hiring A Car Accident Attorney
What comes with car accident injuries are medical bills, emotional and physical distress, and disruption to your daily routine. If you’re missing work, you might also miss a few paychecks. When the accident’s not your fault, but you’re suffering from someone else’s choice, it makes things harder sometimes.
Car accident attorneys at Florin|Roebig can protect your rights and fight for a reasonable settlement for the pain and suffering caused by another driver’s negligence.
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How Long Should You Wait Before Filing Your Claim?
When considering filing a claim and the timeline after a car crash, the best answer is to do it as soon as possible. State laws may give you a specific number of years, but your insurance company may set additional car accident claim deadlines. You have a better chance of proving your injuries and pain and suffering the closer the date of the accident is to the time the claim is filed.
There is no guarantee of a quick settlement or lawsuit with an insurance company. If your claim is filed only a few months before your state’s statute of limitations runs out, there are risks of delaying legal action that can reduce or eliminate the refund for injuries sustained in an accident.
FAQs About How Long You Have To Sue Someone After A Car Accident
What if the other driver is uninsured?
You can file against your uninsured or underinsured motorist insurance policy when the other driver is uninsured. There are other options as well. Some states will allow you to file against the insurance coverage for other members of the driver’s household, the vehicle owner if it differs from the driver, or the driver’s employer.
Can I still sue if I was partially at fault?
It depends on what state you’re in and your level of fault. If your state uses pure comparative negligence, you can sue for as little as 1% fault against another party. If modified comparative negligence applies with a bar rule, your level of fault can’t exceed the bar rule to be eligible for compensation.
How long does an insurance company have to settle a claim?
The laws in your state will affect this timeline. For example, your state may give your insurance company a set amount of time to respond to your claim, meaning they either have to pay you or notify you why you’re not being paid within that time.
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Contact Us At Florin|Roebig Law Firm For A Free Consultation
Car accidents can cause strain in your life, including mounting medical expenses, inability to work, or pain and suffering that affects your daily living. Having the support of an experienced legal team can help bring clarity and peace of mind to a traumatic event.
Car accident lawyers at Florin|Roebig understand the effects of a harmful collision. We work hard to ensure a fair settlement offer for your injuries by establishing a positive attorney-client relationship and guiding you through the legal process using our years of experience.
If you or someone you care about are accident victims, please contact Florin|Roebig law firm today for a free legal consultation.
We make it easy for you to contact us because everything else about your situation may be hard, but this part doesn’t have to be. If you’re not sure where to turn and a free case evaluation can help, that’s why we’re here.
Simply do one of the following to contact Florin|Roebig today:
- Visit our website to chat with us: florinroebig.com
- Fill out our online form (and we’ll get back in touch quickly)
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