How Long After a Car Accident Can You Claim Injury?
Written by the Hughes and Barnard Law Firm, PA marketing team and reviewed by Attorney Howard Hughes to ensure quality and accuracy.
At Hughes and Barnard Law Firm, PA, we understand how overwhelming a car accident can be, especially when it comes to handling personal injury claims. A common concern among accident victims is: How long after a car accident can you claim injury? Filing a claim within the appropriate time frame is crucial to ensuring you receive the compensation you deserve.
The statute of limitations refers to the legal time frame within which you must file a lawsuit after a car accident. This period varies by state and by the type of injury claim being made. Typically, personal injury cases stemming from car accidents must be filed within two to four years from the date of the accident, depending on the state in which the accident occurred. If you fail to file your claim within this period, you lose your legal right to pursue compensation.
The Statute of Limitations in Florida
In the state of Florida, the statute of limitations for car accident personal injury claims is two years from the date of the accident. This two-year period applies to claims involving:
Medical Expenses
Including hospital bills, ongoing treatment costs, rehabilitation, and prescription medications.
Lost Wages
Compensation for the time you were unable to work due to your injuries.
Pain and Suffering
Financial compensation for the emotional and physical distress caused by the accident.
However, the statute of limitations for property damage in Florida is four years, so if you’re only filing for damage to your vehicle, you have a bit more time. But when it comes to personal injury claims, it’s crucial to act as soon as possible to ensure your rights are fully protected.
What Happens If You Miss the Deadline?
If you attempt to file a lawsuit after the statute of limitations has expired, your case will almost certainly be dismissed. This means you’ll be unable to recover any damages for your injuries, regardless of how severe they are or who was at fault. It’s also important to note that insurance companies are aware of these deadlines and may be less likely to settle if they know your legal window is closing.
Exceptions to the Statute of Limitations
In certain cases, exceptions to the statute of limitations may extend the deadline for filing your claim. These exceptions can apply under the following circumstances:
1. Delayed Discovery of Injuries
Sometimes, injuries from car accidents do not present symptoms immediately. Conditions like whiplash, spinal injuries, or concussions may take days or weeks to manifest. In such cases, the statute of limitations may begin on the date the injury was discovered, rather than the date of the accident. This is known as the "discovery rule."
2. Injuries to Minors
If the injured party is a minor (under 18 years of age), the statute of limitations may be delayed until the individual reaches legal adulthood. For instance, if a child is injured in a car accident, they may have until their 20th birthday to file a personal injury claim.
3. Incapacitation or Mental Incompetence
If the victim is mentally incapacitated due to the injuries sustained in the accident or for another reason, the statute of limitations may be tolled (paused) until they regain competence. In such cases, a court may appoint a legal guardian to handle the claim on behalf of the incapacitated person.
4. Wrongful Death Claims
In tragic cases where a car accident results in a fatality, family members may file a wrongful death claim. In Florida, the statute of limitations for wrongful death claims is two years from the date of death, not the date of the accident. This gives the deceased's family a bit more time to seek justice on their behalf.
5. Government-Related Claims
If the car accident involved a government vehicle or occurred on government property, different rules apply. In Florida, claims against government entities generally have a three-year statute of limitations, and additional procedural requirements must be met.
Why It’s Important to Act Quickly
Even though the statute of limitations may give you a few years to file a claim, acting quickly is crucial. Over time, vital evidence can be lost or deteriorate, including:
- Accident Scene Evidence: Skid marks, debris, or other physical evidence at the scene can fade or be removed
- Witness Testimony: Memories fade, and it can become harder to track down witnesses as time passes.
- Medical Records: The longer you wait to seek medical treatment or to connect your injuries to the accident, the harder it may be to prove your claim.
Additionally, insurance companies may attempt to argue that a delay in filing your claim means your injuries weren’t as serious as you claim. By consulting with an experienced attorney soon after the accident, you can preserve your legal rights and build a stronger case for compensation.
How Hughes and Barnard Law Firm, PA Can Help
At Hughes and Barnard Law Firm, PA, we are dedicated to helping car accident victims understand their rights and secure the compensation they deserve. Our team has extensive experience handling personal injury claims and can guide you through the complexities of the legal process. Here’s how we can assist you:
- Case Evaluation: We’ll review the details of your accident to determine your eligibility to file a claim.
- Collecting Evidence: Our team will gather police reports, medical records, and witness statements to build a strong case on your behalf.
- Negotiating with Insurance Companies: We have years of experience negotiating with insurance companies to ensure you receive a fair settlement.
- Filing Your Claim on Time: We’ll ensure that all deadlines are met, and your claim is filed within the statute of limitations.
If You Don’t Win, You Don’t Pay! Contact Hughes and Barnard Law Firm, PA Today
Don’t wait until it’s too late to seek compensation for your car accident injuries. The sooner you contact us, the sooner we can begin working on your case. Reach out to Hughes and Barnard Law Firm, PA today for a free consultation. We’re here to answer your questions and provide the legal support you need.
