Filing a car accident claim requires an in-depth knowledge of Florida laws. Not only is this important to fully understand the basics of personal injury law to make informed decisions, but it is also crucial to know in order to hire a car accident attorney to review and assist you with your case.
You Have a Deadline to File
You do not have years to file your car accident claim. Florida sets a timeline for which you have to file – and if you file after that deadline, you may not be entitled to a settlement. Under their statute of limitations, the state of Florida requires you to file your claim within four years from when the accident happened.
There are cases where you can file a claim four years from the time an injury is discovered, but you should speak with an attorney regarding this type of case.
If you are filing an accident or injury claim against the government, county or state, you have only three years from the date of the accident.
Also Read : Is it Too Late to File a Car Accident Lawsuit?
Comparative Negligence Laws May Apply
If you were partially at fault for the accident, comparative negligence law would apply. This means that depending on the ratio for which you were found at fault, your settlement could be reduced based on that ratio. For example, if you were 10 percent at-fault, the other driver is only responsible for 90 percent of your injuries and losses. So, if you are suing for $5,000, but you are 10 percent at fault, your settlement would be reduced to approximately $4,500.
You Must Use PIP First
Florida state law requires all drivers to have PIP or personal injury protection insurance on their car insurance policy. Personal injury protection can be as high as $10,000 and that must be used up first to pay medical expenses before you file a personal injury claim against another driver.
You will then only be able to file a claim against the other driver if you have suffered a permanent injury, severe loss with medical expenses, disfigurement, or permanent scars.
Also Read : What is PIP Insurance in Florida?
Your car accident case may be limited by damage caps, but this can depend on the case. These typically limit non-economic damages, such as pain and suffering.