How long to file a claim after a car accident in Palm Beach, Florida
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Getting in a car accident in Palm Beach is only the beginning of a long process that follows especially if you have suffered from personal injuries and have medical costs or other expenses to cover. Contact Advocates USA, your car accident lawyers in Palm Beach, to help you recover from the monetary damages suffered.
The governing laws in Florida grants any victim who has been injured in a car accident to file a claim against the liable party to seek compensation damages.
But how long do you have and when should you file a car accident injury claim?
Below we will walk through the process because in every state it is different.
What Is a Statute of Limitations?
Statute of limitation is a time given to take legal action against a person or business that is liable for your personal injuries in your car accident. As you will learn there are many statute of limitations depending on the legal action, some pertain to breach of contract, personal injuries, and criminal proceedings, for an example.
Regardless of the situation, if you fail to file a claim within the given time frame for the particular legal action, the statute of limitations will expire and you could miss out on getting the justice you deserve due to the expired deadline. It is important to know your rights and the timeframe you are working with to file a car accident injury claim.
How Long Do I have To File A Car Accident Injury Claim In Palm Beach?
In the State of Florida, you have four years from the date of the personal injury accident to file a lawsuit in civil court against the party or parties responsible for the Palm Beach car accident. If you fail to do so, your case could be thrown out and the court can refuse to hear it. It is important to contact Advocates USA sooner rather than later because the longer you wait to file the person or parties at fault can fix the damages that caused the accident or eye witness may lose precise recollection of the accident.
However, you may not have suffered injuries until further down road after the limitation window for personal injuries has closed, in this instance, the lawsuit filing could be extended.
This is the same statute of limitations that applies to most other personal injury claims in Florida.
What is a No-Fault Injury Claim?
Florida is a no-fault state which means if you have been in an accident and are seeking compensation for medical bills, lost earnings or other out of pocket expenses, you must file the claim with your personal insurance company.
Florida requires all drivers to carry a minimum of $10,000 in Personal Injury Protection or (PIP insurance). Many drivers can get confused with Florida’s no-fault statute. Like most insurance carriers, PIP insurance is subject to a deductible and must be met before they will start paying for some of your out of pocket expenses. By law PIP insurance only covers;
80% of medical bills caused by the accident and
60% of lost wages due to the car accident in Palm Beach
Even with PIP insurance you still need to pay money out of pocket and you are not able to sue the liable party for the damages if you did not suffer from permanent injuries.
What Are The Exceptions To Florida’s No-Fault Insurance?
There are, however, exceptions to the no-fault law that permits the victim to sue the liable party directly. There are two exceptions to the rule; (1) if medical bills and lost wages exceed $10,000 (without serious injuries), the plaintiff can file a claim to recover the out of pocket expense that was not covered by the PIP insurance and (2) if a person suffers serious injury. Florida statute defines serious injury as:
Significant and permanent loss of an important bodily function;
Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
Significant and permanent scarring or disfigurement; or
As defined above, if the victim in the car accident has suffered permanent injuries in Palm Beach, he is not subject to the no-fault law and can file a personal injury lawsuit with Advocates USA car accident lawyers, against the liable party for not only medical bills and lost wages but also pain and suffering.
Living in Florida, a no-fault state, the victim who is seeking compensation for damages must meet specific deadlines and requirements. Failure to do so can result in your claim being thrown out, it is important to contact our personal injury lawyers at Advocates USA Palm Beach.
Do I Need To Report A Car Accident In Palm Beach Immediately?
There are different deadlines that need to be followed if you have been involved in a car accident in Florida. It’s important to follow the timeframe unless your car accident lawyers at Advocates USA has told you otherwise:
Within 10 days: Florida laws require you to report an accident with your local police within 10 days of the accident if you did not report it at the time of the event.
Within 14 days: Since Florida is a No-Fault state, you need to file a claim with your PIP insurance regardless of who is at fault and seek medical attention within 14 days. This is called the 14-day day treatment requirement. Failure to do so, you could lose your rights to compensation with your PIP insurance.
Within 2 years: File a claim against the negligent party if there was a death involved in the car accident, also known as wrongful death.
Within 4 years: File any claim against the at-fault driver or liable party if you have suffered serous injuries or medical debt exceeding $10,000.
As Soon as Possible: Speak to an auto accident lawyer at Advocates USA for detailed deadlines for filing a claim for lost wages because it can be confusing when dealing with these types of claims. In addition to any other situations such as uninsured motorist and how to proceed, call us to help you so you don’t miss out on the deadlines.
Auto Accident Attorney- Advocates USA Will Help File Your Claim
As you can see there are many deadlines and exceptions to the Statute of Limitations for a car accident Injury claims depending on the situation at hand.
While we described the basic rules and general terms, the process following a car accident can be extremely complex. Every case is different and can not be treated the same which is why it is important to involve auto accident lawyers at Advocates USA because the rules may not apply the way you expect them to. Pursuing a personal injury claim from a car accident takes time with much preparation, investigation, and negotiation that precedes a filing.
Don’t be pushed against the wall, time is leverage, contact the best car accident attorneys in Palm Beach Florida to help you with your personal injuries and claim against the negligent party in the car accident. To find out more, call us today for a free evaluation.
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