10 Feb WHEN IS IT TOO LATE TO ASSERT YOUR RIGHTS AFTER A CAR ACCIDENT?
When a car accident results in injury, it may take some time to understand the severity of the injuries. Minor injuries can manifest and stay present for weeks and even months after an accident. Injuries that may be considered more serious may be ongoing and make take even more time to heal, if they ever heal at all. With that comes questions. When can I file a lawsuit after a car accident? When is it too late? Does it have to be immediate? Can I wait? How long can I wait? Let’s explore that below.
Every Car Accident Claim Starts As Pre-Suit
Every car accident claim starts as a pre-suit claim. What is pre-suit? Pre-suit is short for pre-lawsuit. That means that there are no judges or juries, no court appearances, depositions or discovery. During this time, the injured party treats and at the appropriate time, a pre-suit demand package is sent to the insurance company that gives them an opportunity to properly evaluate the claim and pay out adequate compensation. What is the appropriate time and how much is “adequate compensation?” Those are questions that should be examined on a case by cases basis with a qualified and experienced personal injury attorney.
Statute of Limitations: Florida Car Accident Claims
Statute of limitations is time limit in which you must take legal action before you can no longer assert your rights based on your car accident claim. Under Florida Statutes Annotated section 95.11(3), you have four years to file a lawsuit based on your car accident claim. Other accident claims and personal injury maters may have a different statute of limitations. So, it is important to check with a qualified and experienced car accident attorney to make sure you know how long you have for your rights to be properly asserted.
Why You Should Not Wait
Just because you have four years to file a lawsuit based on your car accident claim does not mean that you should wait. You want to make sure your case is handled properly from the start. You also want to give yourself the opportunity to have your case finalize before filing suit. Filing a lawsuit and pursing litigation can be both a costly and timely process, often costing thousands of dollars and taking years until resolution.
Therefore, it is important to contact a qualified and experienced personal injury attorney immediately so evidence can be preserved, your rights can be protected as soon as possible and so your claim can be handled as cost effectively and efficiently as possible. Accident claims are detailed matters and you should have someone on your side that is not going allow the insurance companies to only give you pennies on the dollar for your accident claim.
NEED ASSISTANCE AFTER A CAR ACCIDENT?
If you have any questions about your car accident claim, I am here for you. I understand that the process after an incident can be difficult and stressful. You probably have a lot of questions and very few answers. Allow me to be there for you every step of the way. I offer a FREE no-obligation consultation and will review your claim with you personally at one of the office locations in Tampa, Zephyrhills, or Saint Petersburg. Cannot make it to me? I will come to wherever is convenient to you at NO charge. You deserve to be compensated and I want to get justice for you!