It’s a situation. The victim has survived a car crash and now suffers a painful physical condition. The vehicle has been sent to the garage, and the victim has already received a call from an insurance adjuster who says he is just checking in. The adjuster expresses concern and offers a settlement to help the victim cope with the crisis. At this stage, the victim might wonder whether they need an attorney. At this stage, victims feel extremely overwhelmed and think that they will deal with the legal issues later when the situation calms down. But reality is different. In the state of Florida, there is a difference in compensation between “now” and when the victim finally decides to hire a car accident attorney in Orlando.
Deadline for Florida Personal Injury Cases
Many people believe they have 4 years to file a personal injury claim in Florida. That used to be the case before the passage of House Bill 837 in March 2023. Florida Statute § 95.11 has changed dramatically since then. Now, a two-year limitation period applies to filing a complaint in a car accident under negligence law. If a personal injury victim misses the two-year window, it doesn’t matter how badly injured they are or how clearly the other party was at fault. If the victim’s party misses the deadline, the court will dismiss the case.
Two years may seem like a long time, until it flies by. It usually takes quite a long time to recover from injuries incurred in the car accident. Moreover, negotiations with the insurers can take quite a long time. Also, preparing thoroughly for the process takes longer than victims usually expect. If the victim hires a seasoned car accident attorney within a couple of weeks of the accident, they will have enough time. Otherwise, if you wait too long, you may not be able to file a lawsuit at all.
What About the Rare, Exceptional Cases?
Although Florida has two-year deadlines for all personal injury claims, exceptions apply. In specific situations, the injured party may be entitled to an extension of the filing deadline. For example, if the injured party was a minor at the time of the accident, the statute of limitations may be tolled under § 95.051.
If the at-fault party escaped the accident scene and their identity has not yet been determined, the statute may be extended under § 95.031. If an insurance company fails to provide relevant information or wrongfully misrepresents the facts of a claim, the deadline may be extended. However, not all listed situations apply automatically, and courts apply them cautiously and require solid pieces of evidence.
Evidence Doesn’t Wait for You
Few people consider this until it is far too late. Evidence has a shelf life. For example,
- Video footage from a security camera at a local gas station or other business may be overwritten within a week or two
- The skid marks on the road will disappear
- The car could be fixed, sold off, or destroyed
- Witnesses who saw everything clearly on day one may remember little six months later, even if you can find them again.
A lawyer who receives instructions early can preserve evidence, collect data from black box devices, and find witnesses while the facts are still fresh. The longer the victim delays, the less is available for the personal injury attorney in Orlando to work with, no matter how skilled the professional may be.
Insurance Companies Are Counting on You to Wait
Insurance adjusters are trained to settle claims at the lowest possible rate. Every time the victim delays settling the matter, the insurance adjuster gets more time to collect information and statements they can use against them. This has nothing to do with the victim’s personal row with the insurance adjuster. This is simply business.
This approach has become far riskier. This year, Florida changed from a comparative negligence model to a modified negligence process under HB 837. Under this new rule, if the victim is found more than 50 percent at fault, the victim is entitled to nothing, regardless of the liable party’s role in the accident. Insurance companies know this and will seize the slightest opportunity to shift more blame onto the victim when they negotiate claims on their own.
Not Getting Immediate Medical Attention Damages the Claim
Florida law requires drivers to carry Personal Injury Protection (PIP) insurance, which protects accident victims. However, it applies only if the victim receives medical treatment within a short time after the accident, specifically, within fourteen days. This is to qualify for access; if victims don’t, they might lose access to PIP coverage.
The victim may delay medical treatment if they thought their car accident injuries were minor. If treatment is delayed, the insurance firm may deny the victim’s injury claim because it considers the injuries minor.
How Can the Victims Protect their Personal Injury Rights?
If the victim has already accepted an accident settlement, they can no longer pursue a claim or file a lawsuit, regardless of any future symptoms they develop. Also, if the victim’s case has been heard in court and the jury sided with the defendant, the new attorney cannot start a new trial for the victim. Ultimately, if the time limit has passed and no exception applies, the victim cannot do much about it.
Contact I.A.L.F. Today
Waiting on a car accident claim brings no benefits. Waiting too long does not offer the victim better evidence. Moreover, waiting doesn’t improve the insurance company’s offer. It worsens it. Florida statutes of limitations will not wait for good intentions either. The earlier the victim files a case, the easier it is to collect, and the more easily treatment can be documented.
If you or anyone you know has been in a car accident in Orlando and wonders whether it is too late to file, the only way to know is to ask. A car accident attorney in Orlando can evaluate the timeline of the case and tell you whether you can file it. Contact Injury Assistance Law Firm to book a free case consultation to know when to file your claim.