Should I wait to see how my injuries develop before contacting an attorney?
No. You can and should contact an attorney as soon as possible after your injury. An early consultation does not mean you have to file a lawsuit immediately. It means your attorney can begin preserving evidence, advising you on medical treatment, and protecting your rights while you focus on recovery.
Does the two-year deadline apply to children injured in accidents?
For minors, the statute of limitations is generally tolled until the child turns 18. This means a child injured at age 10 would have until age 20 to file a lawsuit. Parents or legal guardians can also file on behalf of the child before the child reaches adulthood.
Can I still file a claim if my injury showed up weeks after the accident?
Yes, as long as you file within the statute of limitations period. Delayed symptoms are common in car accident cases, particularly for soft tissue injuries, concussions, and herniated discs. What matters is that you seek medical attention as soon as symptoms appear and that your physician documents the connection between the accident and your injury.
Does the statute of limitations apply to insurance claims too?
The statute of limitations governs lawsuits filed in court. Insurance claims have their own timelines dictated by your policy terms. However, the threat of a lawsuit is what gives your insurance claim leverage, so letting the statute expire effectively eliminates your bargaining power with the insurer as well.
What happens if I miss the statute of limitations in Florida?
If you file your lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss, and the court will almost certainly grant it. There are very few exceptions, and courts enforce these deadlines strictly. Once your right to sue is lost, it cannot be recovered.
Do I need a lawyer for a car accident claim in Stuart?
You are not legally required to hire an attorney, but studies consistently show that accident victims who are represented by counsel receive significantly higher settlements than those who handle claims on their own. An attorney handles the investigation, negotiates with the insurance companies, and fights for your full compensation so you can focus on getting […]
How much is my car accident claim worth?
Every case is different. The value of your claim depends on the severity of your injuries, the cost of your medical treatment, your lost wages and earning capacity, the degree of the other driver’s negligence, and the insurance coverage available. An experienced personal injury attorney can evaluate the full scope of your damages after reviewing […]
Should I talk to the other driver’s insurance company?
You are not required to give a recorded statement to the other driver’s insurer. We strongly recommend consulting with an attorney before having any substantive conversation with them. Insurance adjusters are skilled at asking questions designed to get you to minimize your injuries or accept partial blame.
What if the other driver does not have insurance?
Florida has one of the highest rates of uninsured motorists in the country. If the at-fault driver has no insurance or not enough insurance to cover your damages, you may be able to file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage. This is one reason why carrying UM/UIM coverage is so important for […]
How long do I have to file a car accident lawsuit in Florida?
Florida’s statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. If a loved one was killed in the crash, the family has two years from the date of death to file a wrongful death claim. Missing this deadline almost always means losing your right to […]
