Waiting too long to hire a car accident lawyer in Florida can seriously damage your case: you have only two years from the date of the accident to file a lawsuit under Florida’s statute of limitations, and every week you wait, evidence fades and insurance companies gain more room to minimize your claim.
You have survived a car crash and now have a painful neck. Your vehicle has been sent to the garage, and you have already received a call from an insurance adjuster who says he is just checking in. The insurance adjuster shows you concern and offers you a settlement amount to help you cope with your current crisis. You might be wondering whether it is necessary to use an attorney, and it is quite logical to think so. At this stage, victims feel extremely overwhelmed and usually think that they will deal with the legal issues later when the situation calms down. However, the reality is different. In the state of Florida, there is a difference in cost between “now” and when you decide to hire a car accident lawyer Tampa.
The Two-Year Clock Is Already Ticking
Some people believe they have 4 years to file a personal injury claim in Florida. While this used to be the case, this situation has changed since the passage of House Bill 837 in March of 2023. Florida Statute § 95.11 has changed dramatically since then, and there is now a two-year limitation period for filing a complaint in a car accident under negligence law. If somebody misses the two-year window, it does not matter how badly injured they are and how apparently at fault the other driver was. If the deadline is not met, the court will simply dismiss the case.
Two years may appear to be a long time, until it is actually counted down. It usually takes quite a long time to receive treatment for the injuries incurred in the car accident. Moreover, negotiations with the insurers can take quite a long time. In addition, preparing everything thoroughly requires longer than victims usually expect. If a person hires a seasoned car accident attorney within a couple of weeks of the accident, the victim will certainly have enough time. Otherwise, if you wait too long, it may become impossible to file a lawsuit at all.
There Are Exceptions, But Don’t Count on Them
Although the state of Florida has two-year deadlines for all personal injury claims, there are exceptions to how those deadlines are applied. In certain situations, the injured party may be entitled to an extension of the time limits for filing a claim. For example, if the injured party was a minor at the time of the accident, the statute of limitations may be tolled under § 95.051.
If the at-fault party left the scene of the accident and their identity has not yet been determined, the statute may be extended under § 95.031. If an insurance company has failed to provide relevant information or has wrongfully misrepresented the facts concerning a claim, the deadline may be extended. However, not all of the listed situations apply automatically, and courts tend to exercise caution in applying them.
Evidence Doesn’t Wait for You
There’s something that few people consider until it is far too late. Evidence has a shelf life. For example, video footage from a security camera at a local gas station or other business may only last a week or two before it’s overwritten. The marks where the car skidded on the road will disappear. The car could be fixed, sold off, or destroyed.
Then there’s the witness to the incident. Somebody who might have seen everything happen clearly on day one may not remember much six months down the line, assuming you can find them again.
A lawyer who receives instructions early can arrange for the preservation of evidence, collect data from black box devices, and find witnesses while the facts are still fresh in their minds.
The longer you delay, the less is available for the personal injury lawyer Tampa to work with, no matter how skilled the professional may be.
Insurance Companies Are Counting on You to Wait
Insurance adjusters are trained in their field, and their objective is to settle your insurance claim at the lowest possible rate. Every time you do not settle the matter, the insurance adjuster gets more time to collect information and statements they can use against you. This has nothing to do with your personal row with the insurance adjuster. This is simply business.
This approach has become far riskier. This year, Florida changed from using a comparative negligence model to a modified negligence process according to HB 837. Under this new rule, if you are found at fault for more than 50 percent of the accident, you will be entitled to nothing, regardless of the role the liable party’s conduct played in the accident. Insurance companies are well aware of the situation and will seize the slightest opportunity to shift more of the blame onto you when you are negotiating claims on your own.
Not Seeking Medical Care Hurts Your Claim Too
Florida law requires drivers to carry Personal Injury Protection (PIP) insurance, which protects accident victims. However, it only comes into effect after medical treatment is received within a short time after the accident that is, within fourteen days. It’s done to qualify for access to it, and if that doesn’t happen, you might lose your access to PIP coverage. Delayed medical treatment may occur if you thought your injuries were minor. And if treatment is delayed, the insurance firm has an excuse to deny your injury claim because your injuries were minor as a result of the accident.
So Is It Too Late?
That’s not always the case, though, as it depends on the specifics of your situation. If you have already accepted a settlement, you can no longer pursue a claim or file a lawsuit, regardless of any future symptoms you develop. Also, if your case has been heard in court and the jury sided with the defendant, your new attorney will not be able to start a new trial for you. And finally, if the time limit has already passed in your case, and there is no applicable exception, you cannot do much about it.
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The Smart Move Is Simply Not to Wait – Contact Abercrombie, P.A. Today
Waiting on a car accident claim brings no advantages. Waiting too long does not give you better evidence. Moreover, waiting does not improve the insurance company’s offers. Rather, it worsens it. Florida statutes of limitations will not wait for good intentions either. The best cases are those filed early, because evidence is easier to collect and treatment can be documented.
If you have been involved in a car accident in Tampa and are wondering whether it is too late to file your case, the only way to find that answer is to ask. A car accident lawyer Tampa can evaluate the timeline of your case and tell you whether you can file it. Contact Abercrombie, P.A. to book a free case consultation to determine when you should file your claim.