Car Accident claims can take a long time to resolve. Delays in common car accident cases may arise from medical complexities, disputed liability, or insufficient evidence to determine fault. But in some cases, waiting to file a personal injury claim in Florida can also lead to a major delay or dismissal of your claim for proper compensation.
Here, we discuss in detail the complications that can arise if you wait for too long to file a car accident claim.
Florida’s Statute of Limitations
Statute of Limitations, or Deadline to file a lawsuit, applies to all accident and personal injury cases in Florida. According to Florida Statutes Section 95.11, personal injury cases have a 2-year statute of limitations from the date of the accident to file a lawsuit.
If you file a lawsuit after the deadline, the court will probably dismiss it, which means you won’t be able to receive any compensation.
How Waiting to File a Car Accident Claim Can Cost You
Waiting for too long can significantly reduce the time you have to investigate and build your claim. Here’s how it can cost you:
1. Evidence Can Disappear Over Time
Evidence can vanish over time if it is not considered at the earliest opportunity. Most successful personal injury claims rely on documentation, including accident reports, surveillance footage, or witness statements. Any experienced car accident attorney in Winter Park will focus on this documentation.
However, if you wait for too long, any of this evidence can get deleted or tampered with. Witnesses might also forget or refuse to give any statements later on. Even if witnesses can
be tracked and contacted, very late responses may mark their statements as not credible. If evidence is destroyed or lost, it can significantly reduce your compensation amount or dismiss your claim.
2. Insurance Companies Can Take Advantage
Insurance Companies closely examine your condition and often look for reasons to reduce your payout. If you wait for too long to pursue your compensation, it can allow insurers to argue that your injuries are not serious and can lower your claim amount. Acting promptly can protect your rights and strengthen your compensation claim.
3. Building a Strong Case Takes Time
Building a strong case takes time, and attorneys must collect evidence, review medical records and consult experts when necessary. If cases are not filed within the statute of limitations, there may be limited time to build a solid case before filing a lawsuit. This can make the legal process difficult and, in turn, reduce the success of receiving compensation.
Emotional and Psychological Costs of Delaying a Claim
Car accidents can leave victims not only with financial or physical losses, but emotional or psychological challenges. Delay in claims can increase stress and anxiety among victims, as they are left uncertain about their financial future and the outcome of their case.
Delaying a claim can prolong the emotional trauma associated with the accident. To avoid post-traumatic stress, particularly if the accident was severe or involved significant injuries, the victim might not be in a state to continue with the lawsuit for a prolonged timeframe.
Taking Action Early Can Protect Your Rights
It is normal to feel overwhelmed after a traumatic car accident. However, taking legal action quickly can greatly improve chances of a successful personal injury claim. The involvement of an experienced personal injury attorney in Winter Park can help preserve important evidence and ensure that you meet all legal deadlines.
Conclusion
If you’ve been injured in a car accident in Florida, don’t wait to take action. Whether your accident involves minor injuries or if you are assuming any fault, filing a lawsuit can change the course of the legal process. Personal Injury Law Firms like Abercrombie, P.A. represent victims in Florida with the necessary legal requisites of properly filing a personal injury lawsuit.
Frequently Asked Questions
1. What evidence can be lost if I delay filing my claim?
Time-sensitive evidence may include surveillance footage, dashcam recordings, eyewitness statements, accident scene photographs, vehicle documentation and electronic vehicle data.
2. Does Florida’s No-Fault Insurance System have reporting deadlines?
Florida’s Personal Injury Protection (PIP) coverage primarily requires accident victims to receive initial medical treatment within 14 days from the date of the accident to remain eligible for PIP benefits.
3. Should I speak with an attorney before accepting an insurance settlement?
It is often beneficial to understand your legal rights before accepting a settlement, as insurance companies might try to reduce your claim amount. Consulting a car accident lawyer can help you acquire your rightful compensation amount within the deadline.
