How long to file a claim after a car accident in Palm Beach, Florida
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Getting in a car accident caused by someone else's negligent actions in Palm Beach, Florida, is only the beginning of a long process that follows. It is especially true if you have suffered from personal injuries and have medical costs or other expenses to cover. Our personal injury attorneys understand the detrimental effect accidents cause, and we want to hold the negligent party accountable so you can begin your road to recovery. Contact Advocates USA, your car accident lawyers in Palm Beach, help you recover from the monetary damages suffered. We are available for a free consultation 24 hours a day by calling 1-800-872-4878.
Below are a few key points we will discuss to have frequently asked questions at your fingertips.
What is a Statute of Limitations?
How long do I have to file a car accident injury claim in Palm Beach?
What is a no-fault injury claim?
Are there exceptions to no-fault injury claims in Florida?
Do I need to report a car accident immediately?
Do I need an auto accident attorney in Palm Beach?
The governing laws in Florida grant any victim who has been injured in a car accident to file a claim against the negligent party.
But how long do you have, and when should you file a car accident injury claim?
Below we will walk through the process and answer commonly asked questions because it is different in every state.
What Is a Statute of Limitations?
Statute of limitation is a time given to take legal action against a person or business liable for your personal injuries in your car accident. As you will learn, there are many statutes of limitations depending on the legal action and the state where the accident occurred—some on breach of contract, personal injuries, and criminal proceedings.
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. Knowing your rights and the timeframe you have for your car accident injury claim is pertinent. Hiring a car accident attorney in Palm Beach will serve you justice. Advocates USA can advise you on everything you need to know.
How Long Do I Have To File A Car Accident Injury Claim In Palm Beach, Florida?
In the State of Florida, personal injury claims state you have four years from the date of the 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 essential to contact Advocates USA sooner rather than later because the longer you wait to file, the negligent party can fix the damages that caused the accident, or eye witness may lose precise recollection of the accident.
However, some injuries are not present until further down the road. If this happens to you and the limitation window for your personal injury claim has closed, your lawsuit filing may be extended. This would depend on many factors, such as medical records and expert advice, for example.
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 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 suing the liable party for the damages if you did not suffer from permanent injuries. Many people get stuck at this point; however, there are exceptions.
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 victim can file a claim to recover the out of pocket expenses that were not covered by PIP insurance and
(2) if a person suffers a severe 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 car accident victim has suffered permanent injuries in Palm Beach, he is not subject to the no-fault law. He can file a personal injury lawsuit with Advocates USA car accident lawyers against the liable party for medical bills and lost wages and pain and suffering.
Living in Florida, a no-fault state, the victim seeking compensation for damages needs to be aware of the specific requirements and deadlines. Protect your claim and call our Palm Beach car accident attorneys at Advocates USA. We will ensure your deadlines and conditions are met.
Do I Need To Report A Car Accident In Palm Beach Immediately?
After a car accident, thinking precisely is difficult, especially when multiple dates and tasks need to be completed. It's essential to follow the timeframe unless your car accident lawyers at Advocates USA has told you otherwise:
Within ten days: Within ten days, you need to report your car accident with the local police 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 two years: File a claim against the negligent party if there was a death involved in the car accident, also known as wrongful death.
Within four years: File any claim against the at-fault driver or liable party if you have suffered severe 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. In addition to any other uninsured motorist situations and how to proceed, call our personal injury attorneys to help you.
Car 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 outcome and injuries sustained in your accident.
While we described the basic rules and general terms, the process following a car accident can be too complicated. Every case is different and can not be treated the same, so it is crucial to contact a car accident attorney 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, and 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, contact our Palm Beach, Florida car accident attorneys for a free consultation. We are available 24 hours a day by calling 1-800-872-4878.
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