What Is the Car Accident Statute of Limitations? | Rubén J. Padrón, PA

What Is the Car Accident Statute of Limitations?

December 17, 2019

Every year, nearly 50 million people are injured in car accidents—and 1 million of them die. Even when the injuries are relatively minor, fighting for compensation can be a psychologically, financially and emotionally painful process. After an accident, your first priority is feeling better—which is why you need to hire a car accident attorney in Miami, FL so you don’t miss the statute of limitations to recover costs.

Statute of limitations

In every case, the law sets forth a time period in which people can sue for compensation. For car accidents, this time will vary depending on your state laws. In Florida, you have up to four years to file a suit.

The main factor is the “discovery of harm” provision, which states that the statute of limitations begins once a person knows or should have known about the extent of the harm suffered. For example, if you were injured in a car accident in 2018, but only discovered that you suffered physical damage in 2019, the statute of limitations will begin at the time you discovered the injury in 2019. That would give you until 2023 to file a lawsuit.

Why do I need a car accident attorney?

Hiring a car accident attorney in Miami, FL is a wise decision, whether you suffered minor or severe harm. Keep in mind that Florida has adopted a no-fault insurance law that requires you to contact your insurer first.

To be able to sue for pain and suffering, lost wages or other compensation, you or your loved one will have had to suffer a serious injury. This includes a permanent injury, significant scarring or damage, significant loss of bodily function or death. If you have met the requirements under Florida law, then you will be able to file a suit against the other driver.

Your attorney will work with you and your doctors to ensure that you have not only suffered a sufficiently serious injury, but to prove that the other driver was negligent. This means that they failed to provide the appropriate “duty of care” to you by driving unsafely, whether accidentally or on purpose. Your injury should be a direct result of their negligence.

With the help of a car accident attorney in Miami, FL, you may be able to recover damages for loss of wages, medical expenses (past and future), emotional distress, pain and suffering and loss of companionship. The likelihood of each will depend on the facts of your individual case, which is why it is important to hire an attorney as soon as possible.

Hire a car accident attorney in Miami, FL

When you’re in a car accident, you need to ensure that your needs are well-represented throughout the insurance and potential litigation process. Hiring a car accident attorney in Miami, FL can help you ensure that you receive the payouts you deserve. Experienced attorneys, like Ruben J. Padron, PA, help clients navigate the complex worlds of car insurance, health insurance and traffic laws. Reach out to us today to schedule a consultation.

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