All legal cases, including car accident claims, must adhere to legal timelines and deadlines. The statute of limitations is a key timeline that dictates the window an injured victim has to initiate a personal injury lawsuit. For example, according to Florida’s personal injury statute of limitations, injured victims have two years from the date of injury to file a car accident lawsuit. You can lose your right to compensation if you file a claim beyond this timeline.
You should speak with a personal injury lawyer who can guide you on the applicable timelines for your jurisdiction. A car accident attorney will investigate the crash, gather evidence, and initiate a settlement claim within legal timelines.
Can You Sue After the Statute of Limitations
Exceptions and specific circumstances allow injured victims to initiate a car accident lawsuit after the statute of limitations.
Here are a few exceptions to the statute of limitations:
- Discovery of the Injury: If you only recently discovered that your injuries from the car accident are more severe than initially thought, the statute of limitations may be extended. In such cases, the time frame begins when the injury was discovered or should have reasonably been discovered.
- Minor at the Time of the Accident: If you were a minor (under 18 years of age) during the car accident, the statute of limitations may be tolled until you reach the age of majority. The time limit would only start once you turn 18 years old.
- Defendant Leaves the State: If the defendant leaves the state of Florida after the car accident, the time they are absent may not count towards the statute of limitations. In such instances, the statute may be extended to account for the duration the defendant was out of the state.
How Much Can I Sue for a Car Accident
Your likelihood of recovering from an injury depends on the settlement value you receive for your car accident. There is no average value you can sue for your car accident. The value depends on the facts and circumstances of the accident.
Here are the factors that influence how much you can sue for a car accident:
Severity of an Injury
The severity of your injury can determine the amount you can sue for in a car accident claim. More severe injuries, such as traumatic brain injuries or spinal cord injuries, typically result in higher compensation due to the long-term impact on your life.
Additionally, the extent of medical treatment required, including surgeries, therapy, and ongoing care, will also contribute to the overall value of your claim.
Shared Fault
In cases where fault is shared between multiple parties, the amount you can sue for may be reduced. Each state follows different rules regarding shared fault. Still, if you are found partially responsible for the accident, your compensation can be reduced based on the percentage of fault assigned to you.
A car accident lawyer can use evidence to protect you from being wrongly blamed for the crash. Most importantly, they will negotiate with insurers to maximize the settlement value of your claim.
Availability of Evidence
The availability of evidence to support your claim can determine the amount you can sue for in a car accident case. Substantial evidence, such as police reports, witness statements, photos of the accident scene, and medical records, can help strengthen your case and increase the likelihood of a favorable outcome.
A car accident attorney can help gather and preserve evidence immediately after the accident, allowing you to receive compensation for your losses.
Insurance Coverage of the At-Fault Party
The at-fault party’s insurance is the source of compensation after a car accident. If the at-fault party has sufficient insurance coverage, it may be easier to recover full compensation for your damages.
However, if the at-fault party is underinsured or uninsured, it can restrict your ability to recover adequate compensation. In such cases, having an experienced car accident attorney on your side can help you explore other avenues for compensation, such as your own insurance policy’s uninsured/underinsured motorist coverage.
Duration of Recovery Period
The duration of your recovery period can impact the amount you can sue for in a car accident claim. If your injuries require extensive medical treatment and rehabilitation or result in long-term disabilities, the compensation you receive should reflect the ongoing impact on your life.
A car accident attorney will consider the current and future losses associated with your injury when initiating a personal injury claim.
How Can a Car Accident Lawyer Help
If you’re injured in a car accident, a car accident lawyer can assist you in various ways to ensure you receive the compensation you deserve.
Here are some key ways a car accident lawyer can help:
- Evaluating the Case: A car accident attorney will assess the details of your case, including gathering evidence, reviewing medical records, and determining the extent of your damages. The initial evaluation will allow them to build a strong legal strategy to support your claim.
- Negotiating with Insurer: Dealing with insurance companies requires a legal strategy, as they often try to settle for the lowest amount possible. An experienced car accident lawyer will evaluate the settlement offers and advise you whether to accept, reject, or push for a better value.
- Representing You in Court: If your case goes to court, a car accident attorney will represent you during litigation. They will submit documentation, cross-examine witnesses, and present a compelling case before a judge and jury.
Let a Legal Professional Guide You Through the Process
You’re likely to endure financial strain after being injured in a car accident. For example, you may find it difficult to pay your bills if a severe injury keeps you out of work for months, years, or the rest of your life.
Although you may be entitled to compensation, you must initiate a compensation claim within the applicable deadlines. You may also prove the negligent actions of the at-fault party that contributed to the car accident. A car accident attorney understands the impact of injuries and will make a timely claim to enhance your chances of receiving a fair settlement. Get in touch with a car accident lawyer as soon as possible.
