How Long After a Car Accident Can I File an Injury Claim in Florida?

According to Florida Statutes Section 95.11, you have four years after the date of your accident to file a personal injury claim. Despite the four-year statute, call Thomas J. Ueberschaer, P.A. as soon as possible so that he may preserve evidence. This will improve your case and chances of winning your case and receiving compensation for your losses faster.

What Is a Statute of Limitations?

A statute of limitations is a law that establishes the maximum period during which you can file a personal injury claim against the party that caused your injuries. You can file an injury claim or lawsuit against the at-fault party liable for your claim and attempt to recover your damages during the period.

A personal injury claim can apply to almost any case where someone’s negligence or reckless behavior led to your or a loved one’s injuries and other losses. The state of Florida creates these limitations to prevent too much time from passing between the accident and the injury claim.

What is the 14-day PIP Rule for Car Accidents in Florida?

According to Florida Statute Section 627.736, you must seek medical attention within 14 days of an accident if you are injured. If you miss the 14-day deadline, your personal injury protection (PIP) auto insurance provider is not legally obligated to process your claim.

In theory, the 14-day rule prevents personal injuries from worsening, which costs the insurance company more money. It also helps you establish a correlation between the accident and your injuries, which improves your chances of winning your case. The 14-day rule exists to help you secure the treatment you need and ensure that your accident claim is valid and accurate.

Wrongful Death Statute of Limitations

There is a difference between a personal injury statute of limitations and a wrongful death statute of limitations. Under Florida Statutes Section 95.11(4)(d), you have two years from the date of death to file a wrongful death claim against the at-fault party.

As with personal injury claims, if you exceed the two-year deadline after the car accident, you may no longer qualify to recover your losses, including any compensatory or punitive damages.

How Soon Should I File a Claim After My Accident?

Regardless of the Florida statutes or the 14-day PIP rule, you should seek medical attention and file a personal injury claim immediately after a car accident. Delaying treatment or the filing of a claim will only hurt your case. The longer you wait to file a claim, the more difficult it becomes to prove fault and liability and the cause of your injuries.

If you need help filing your claim, consult Thomas J. Ueberschaer. Tom can provide counsel, help you fill out the paperwork and submit a claim on your behalf. He can also ensure that you meet all the deadlines established by Florida laws and statutes to recover all damages.

Filing a Claim with Thomas Ueberschaer

Finding an experienced attorney with a successful track record with car accident cases is vital to the success of your claim. We do more than just file your claim. Our legal team works with you personally throughout the claims process. We can help you in the following ways:

  • Review your case
  • Gather evidence of fault and liability
  • Engage with all parties on your behalf
  • Meet all statutes and deadlines
  • Fight for a fair settlement
  • File a lawsuit, if necessary

Tom will prepare you a thorough damages package and even call the doctors and talk to the insurance company for you. As he works on a contingency fee, he does not get paid unless you win. As such, getting you the results you need is his top priority.

Get a Free Case Review from Our Law Firm

If you need help with your personal injury case, contact Thomas J. Ueberschaer, P. A., 850-434-8778. Contact our office today and receive a free case review from a car accident attorney in Pensacola, Florida.