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How Long After a Car Accident Can You Claim Injury?

If you’ve suffered a car accident injury in Florida, it’s crucial to understand your rights—particularly the deadlines that apply to your claim. Unfortunately, the rules surrounding these time limits aren’t always straightforward, but they can significantly impact your ability to recover compensation for your damages.

Every driver should know about the claims process, applicable deadlines, and how these factors change if you file a lawsuit, which we discuss here. However, it is a lot to ask a suddenly and severely injured person to handle all of these details while in pain and recovering.

We recommend getting in touch with an upstanding and experienced car accident lawyer who can evaluate your unique claim over a FREE consultation. They can ensure you explore every option for just compensation and that you do not miss any deadlines. There is no substitute for one-on-one, personalized advice.

Suffering a severe car accident injury can be bewildering. If you have any questions about your situation, whether it be how much time you have to file a claim, how much you deserve in compensation, or what options you have for recovering damages, reach out to the respected Orlando car crash lawyers at Colling Gilbert Wright.

Call us today at (407) 712-7300 for your FREE case evaluation.

How Long After a Car Accident Injury Do I Have To Make a Claim?

Florida is a “no-fault” state, meaning car accident claims are generally made against drivers’ own Personal Injury Protection (PIP) policies first. This is why all drivers are required to carry at least $10,000 in PIP coverage.

How long you have to file a claim for your car accident injury depends on the specifics of your coverage. Typically, you have about 30 days to contact your insurance carrier, provided you have complied with Florida’s 14-day accident law.

What Is the 14-Day Accident Law in Florida?

According to Florida law, anyone seeking to use PIP coverage to help with the cost of medical bills must seek medical treatment within 14 days of the accident. If you fail to do so, you will likely be denied coverage from your PIP policy.

Failing to seek treatment can also make it much more difficult to recover compensation from other sources. For instance, if you need to sue for damages that exceed your PIP coverage, the other party’s insurance company could challenge your claim. They could argue that your delay in seeking treatment indicates your injuries were not as serious as you claim.

The bottom​​ line: Get treatment as soon as possible after any car accident injury.

How Long After a Car Accident Injury Can I Sue?

It is important to begin exploring your legal options promptly after a serious car accident. One key reason is the time limit—known as the statute of limitations—which places a deadline on your ability to pursue a lawsuit.

In Florida, accident victims who want to file a lawsuit based on the negligence of another party have just two years from the date of the accident to do so. However, please realize that there are limited conditions under which you can pursue compensation through the legal system for an injury in a car accident.

If your injuries meet Florida’s serious injury threshold (also called the tort threshold), you may be able to sue for damages that exceed your PIP coverage. Examples of these serious injuries include:

  • Significant and permanent loss of a critical bodily function
  • Permanent injury
  • Significant and permanent disfigurement or scarring
  • Death

If one of these conditions applies, then you may be able to pursue a car accident lawsuit, provided the 2-year time limit has not elapsed.

What Kinds of Compensation Could I Be Eligible For?

Injuries that meet the serious injury threshold may allow you to pursue additional compensation for both economic damages and non-economic damages, including:

  • Medical bills
  • Lost wages
  • Pain & suffering
  • Mental anguish
  • Inconvenience due to bodily injury

It is hard to put a dollar amount on non-economic damages like pain and suffering or inconvenience. However, accident victims who are suffering from permanent injuries or the loss of a loved one have a right to seek compensation for all of their losses—not just the ones that directly impacted their bank accounts.

What If I Don’t Claim My Injury Right After the Accident?

If you fail to seek medical treatment or file a claim shortly after an accident, you may face several consequences, including:

  • Loss of access to PIP coverage
  • Lost evidence
  • Statute of limitations expiration

Each of these could be detrimental to your ability to recover compensation. This is why we recommend you never delay seeking medical treatment or beginning the claims process after suffering an injury in a car accident.

Read More: Should I See a Doctor After a Car Accident?

How Can a Car Crash Lawyer Help Me?

If uncertainty around your legal options is keeping you from moving forward as quickly as you should, speaking with a car accident lawyer can help provide clarity and confidence. A trusted attorney plays an important role in helping you recover the compensation you need and deserve.

The following are a few of the most critical tasks a car crash lawyer handles:

Investigating the Accident

While an investigation is not as pivotal for accidents that fall solely under Florida’s no-fault system, if you are eligible to pursue additional compensation, it will require proving another party’s liability. A lawyer can lead this investigation, including gathering evidence, interviewing witnesses, recruiting the help of expert witnesses, and more.

Calculating Compensation

Determining how much compensation you are eligible to recover for your damages can be challenging to do on your own. Beyond immediate expenses, you must also consider long-term costs and any impact on your wages or earning capacity as well as non-economic damages. A car accident lawyer will make sure everything is taken into account and that you are pursuing the appropriate compensation for all of your current and potential losses.

Negotiating & Representing

When you work to settle your claim outside of court, you must negotiate with the other party’s insurance company to reach a settlement offer. These negotiations can be complicated and stressful, which is another significant way a good car crash lawyer can help. If a settlement with the insurance company cannot be reached, then your lawyer will also be prepared to represent you in court.

When these tasks are handled by experienced attorneys who are dedicated to their clients and have practiced attention to detail, it can make all the difference—especially when it comes to severe, life-changing injuries.

Contact the Orlando Car Crash Lawyers at Colling Gilbert Wright Today

It’s unfortunate how difficult the aftermath of a car accident injury can be to navigate. Beyond the legal questions, many accident victims also face medical challenges, financial uncertainty, and potentially the loss of a loved one. Managing this while keeping track of complicated claims and lawsuit deadlines is a tremendous burden.

At Colling Gilbert Wright, we understand what you’re going through—but even more so, we understand how to help you through it. We are passionate advocates for all Floridians injured in car accidents due to the fault of another, and we have proven ourselves as trustworthy attorneys time and again.

To get started with your FREE case evaluation, contact the Orlando car accident lawyers at Colling Gilbert Wright today. We proudly serve our neighbors in Orlando and throughout the great state of Florida.

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