How Long After a Miami Car Accident Can You Claim Compensation for Your Injuries?
June 22, 2023 | Sagi Shaked | Car Accidents
After a Miami car accident, you may be focused on essential tasks, including repairing your vehicle and seeking medical treatment for injuries. Depending on the severity of your injuries, you might be out of work while you recover. You may also be focused on how to make ends meet without a paycheck.
The stress and trauma of a car accident can be overwhelming. Suddenly you realize that you need to deal with an insurance claim. You might also have a personal injury claim against the other driver.
A Miami car accident lawyer can help you with a personal injury case. A car accident lawyer monitors deadlines for filing claims to ensure you do not miss the deadline to claim compensation for your injuries and damages.
Deadlines for Filing Car Accident Claims With Your PIP Insurance Company
Florida laws require all drivers to have Personal Injury Protection (PIP) coverage. The minimum amount of PIP insurance is $10,000.
PIP is no-fault insurance. Therefore, it pays compensation regardless of who causes the accident.
There is a strict deadline for seeking medical treatment to qualify for PIP benefits. You must receive treatment from a medical provider within 14 days of the accident date. If not, you cannot receive compensation under your PIP insurance policy.
The deadline to file the claim with your PIP carrier depends on the terms of the insurance contract. Therefore, you need to read the insurance contract to determine deadlines. Missing a deadline could result in a denied claim.
Florida’s Statute of Limitations for Personal Injury Claims
If you sustained serious injuries, you can file a claim against the other driver’s liability insurance. The liability insurance company compensates accident victims when their insured driver causes a crash.
Serious injuries are defined by statute. Generally, they include injuries that result in permanent impairment or disability. Substantial disfigurement can also be considered a serious injury.
Most car accident cases are resolved through insurance settlements. However, you might need to file a personal injury lawsuit against the other driver if the insurance company denies your claim or the driver does not have liability insurance.
Florida’s statute of limitations sets deadlines to file lawsuits seeking compensation for injuries caused by a car accident. Florida recently changed its deadline for car accident lawsuits.
The deadline for general negligence claims is now two years from the accident date if the accident occurred on March 24, 2023, or after. However, the deadline to file a lawsuit remains four years if your car crash occurred before that date.
Exceptions to the Statute of Limitations for Car Accident Lawsuits
The statute of limitations for car accidents could be different depending on the parties involved in the case. For example, if a government entity is involved, you must file a notice of claim within 180 days. If you do not file a notice of claim within 180 days, you could lose the right to file a lawsuit against the government.
The statute of limitations can be tolled (paused) if the victim is under 18 years old or mentally incapacitated. In addition, if the at-fault party leaves the state before you file a lawsuit or is hiding to avoid a lawsuit, the statute of limitations can be tolled.
Calculating how long after a Miami car accident you can claim compensation for your injuries can be complicated. Factors in your case could change the standard deadline for filing claims for compensation.
Therefore, it is wise to contact a Miami car accident attorney as soon as possible after a traffic accident. The attorney calculates and monitors deadlines in your case to ensure claims and lawsuits are timely filed. The court may dismiss lawsuits filed after the statute of limitations expires.
What Compensation Can You Claim for a Miami Car Accident?
Because Florida is a no-fault insurance state, you must begin by filing a PIP insurance claim. PIP coverage does not compensate you for all damages. Instead, you can receive compensation for:
- Up to 80% of your medical bills
- Up to 60% of lost wages
You can receive a small amount to pay someone to help with daily activities of living if your injuries prevent you from performing them. Additionally, your compensation is limited to $2,500 if you do not sustain an emergency medical condition.
However, if you sustain serious injuries, you might receive compensation from the at-fault driver or their liability insurance provider. A fault-based car accident claim could result in compensation for all economic and non-economic damages.
Therefore, you might receive compensation for all medical bills and lost wages. You could also receive compensation for your pain and suffering damages.
However, the value of your claim could decrease if you are partially to blame for causing the car accident under Florida’s contributory fault laws. The amount you receive depends on many factors. An attorney can review your claim during a free consultation and advise you of your legal options and the compensation you could receive for your injuries.
Speak With a Qualified Miami Car Accident Lawyer
In addition to calculating the deadline for filing claims for compensation, your lawyer can begin collecting evidence to prove you are entitled to compensation. As the injured victim, you must prove that the other driver caused the car accident to receive compensation for a personal injury claim.
The more time that passes after an accident, the greater the chance that evidence can disappear. For instance, the memories of eyewitnesses might fade. In addition, physical evidence from the accident scene could be lost, or a video of the collision might be erased or destroyed.
A car accident claim could also involve multiple parties. An attorney will determine liability and the best way to pursue a claim. Lawyers also have the resources to hire experts and defend you against allegations of fault.
The best way to know whether you have a claim for compensation after a Miami car crash is to talk with a lawyer as soon as possible.
Contact Our Car Accident Law Firm in Miami, FL
If you’ve been injured in an accident in Miami, FL and need legal help, contact our Miami car accident lawyers at Shaked Law Personal Injury Lawyers to schedule a free consultation.
Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715
Aventura, FL 33180
(305) 937-0191