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How Long Do You Have to File an Auto Accident Personal Injury Claim?

In Florida, a car accident victim has four (4) years to file a personal injury lawsuit, unless there is a wrongful death, in which case the statute of limitations is two years. However, if you were to wait that long to start the process, you would have little to no chance of winning your case. If you have been injured in an accident, it’s imperative to act fast to maximize your chances of building a strong case and collecting damages.

Timeline of an Auto Accident Personal Injury Case

Immediately after the accident, if you can, take photos of the scene and exchange contact information with the other driver and any passengers in the driver’s car. If there are witnesses, take down their names and contact information as well.  Contact the police and have an officer come out and write up an accident report. Make sure to take down the officer’s name and badge number so you can request a copy of the police report later.

If you know you are injured, call an ambulance and go to the hospital straight from the accident. If you don’t go directly from the accident, make sure to visit the doctor within the next day. Sometimes people don’t realize that they are injured or find that their injuries are more severe than they initially thought. The longer you wait, the harder it will be to prove that the injuries are a result of the accident. Moreover, you must seek medical care within 14 days of the accident or you will forfeit most of the Personal Injury Protection (PIP) coverage of your insurance.

As soon as you can, report the accident to your insurance company. Many companies have strict deadlines for filing a claim.

Contact a personal injury attorney, like ECanter Lawyers, right away, even if you are not sure if your situation merits a lawsuit. The attorney will ask you many detailed questions about the accident, review your photos, medical records to date, request any security camera footage, interview witnesses, and even visit the accident scene itself for physical evidence. The longer you wait, the more likely it is that evidence will go missing. For example, witnesses may forget key details as time passes, security camera footage could be lost or destroyed, and physical evidence at the scene could be changed.

The insurance company has 90 days to make an offer for your claim or deny it. If your claim is denied or you are not satisfied with their offer, your attorney will contact the insurance company and negotiate to increase their offer. If the insurance company still refuses to provide an acceptable offer, your attorney will file a lawsuit. While some lawsuits will go to trial, the majority are resolved through mediation or arbitration. The length of time that it takes from filing the lawsuit through final resolution ranges widely from a few months to several years depending on the details and complexity of the case.

If you have been injured in an accident due to someone else’s negligence, contact ECanter Lawyers today. The sooner you call, the sooner we can begin the investigation process and help you receive the maximum compensation for your injuries.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For almost a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

ECanter Lawyers

561-447-4500

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