Each state sets its own deadlines for filing a car accident lawsuit. These are known as statutes of limitations. The laws in your state will determine how long you have to start this process. When possible, you will want to hire a car accident lawyer well in advance of this deadline.
The best practice is to contact a Boca Raton car accident lawyer as soon as possible after your accident. This ensures you have legal representation on your side, working toward your financial recovery from the start.
What Is the Timeline for Filing a Car Accident Lawsuit?
Every state has a statute of limitations that falls between one year and six years from the accident date. Most provide two or three years to sue. Under the current statute of limitations, Florida Statutes § 95.11, accident victims generally have up to two years to file a personal injury lawsuit.
Of course, it takes time to prepare and file a complaint in these cases. You should discuss your case with a lawyer as soon as your injuries allow you to have a clear conversation about your accident and injuries.
Why Contacting a Car Accident Attorney Quickly Is Crucial
After a collision, your legal case should be a top priority, second only to your health and well-being. Turning your case over to an experienced attorney early on serves several purposes. These include:
Protecting Your Rights
As soon as you hire your car accident lawyer, they will take over the management of your case. This includes all communication with the insurance company of the at-fault party, and others involved. This protects your rights and keeps the at-fault driver’s insurance provider from using your own words or actions against you. If you pursue legal action, they can also represent you in court.
Preserving Evidence
Evidence could be lost if your attorney does not act quickly to preserve it. This could include crucial video of the accident.
Some crashes, such as truck accidents, have a lot of evidence that lies in the hands of the responsible party. This evidence could disappear—lost or destroyed—before you have access if you do not act quickly and have an attorney send a spoliation letter to preserve it.
Ensuring You Meet All Deadlines
You must meet the applicable deadlines in your case to preserve your right to sue and take the case to court. Without this right, it will be much more difficult to negotiate or otherwise secure fair compensation in your case. The right to sue provides leverage in your negotiations with the insurance company.
Allowing You to Focus on Healing
Hiring an attorney to manage your legal case frees you to focus on your medical treatment, rehabilitation, and recovery. These must be your top priorities after an accident. Working with an attorney means you do not have to worry about your insurance claim or lawsuit. You can continue your treatment and care without interruption.
How Long Does It Take an Attorney to Build a Car Accident Case?
It takes time for your lawyer to investigate what happened, gather evidence, and build a case to support your demand for monetary compensation. This is usually weeks, if not months. The sooner you get started, the sooner your attorney can recover the compensation you need and deserve.
Some states, including Florida, operate on no-fault car accident laws. This means drivers must carry Personal Injury Protection (PIP) policies that cover injuries and income losses in minor and moderate injury accidents. Only when an accident is more severe, and the victim suffers serious injuries can they pursue a fault-based case against the at-fault driver.
In these states, understanding if you qualify to pursue a fault-based case could take a few days or weeks. However, it is still a good idea to contact a personal injury lawyer as soon as you can. They need to take steps to protect your rights and help you seek the maximum compensation in your case.
Most car accident lawyers provide free consultations, so you have nothing to lose. They can assess your options and help you decide if you can proceed with a fault-based case.
What Damages Are Available If My Attorney Wins My Car Accident Case?
The compensation you will receive if your attorney wins your case will depend on several factors:
- Your car accident injuries
- The expenses and losses you incurred
- The at-fault driver’s insurance coverage limits
- How fault was assigned in the case
- The jury’s assessment of your damages if the case went to trial
In general, those with more serious, lasting injuries usually recover more compensation than those who have moderate injuries and make a full recovery. However, this is not always the case. To recover compensation, you will need to have strong evidence to document your damages. Your attorney will handle this process and knows how to show your current and future economic and non-economic damages.
Common types of recoverable damages in a car accident case include:
- Medical bills
- Future care and support costs
- Lost wages and other income
- Reduced earning capacity
- Personal property repair
- Related costs
- Pain and suffering damages
A wrongful death lawyer can also represent the families of victims who passed away from their car accident injuries. An attorney understands how these laws work, who can file on behalf of the family, and the damages that can be recovered.
Discuss Your Case with a Car Accident Lawyer from Our Firm Today
Ged Lawyers provides free case consultations for victims of car accidents in our service area. We have offices in Florida and Massachusetts. We can help you understand the deadlines to take legal action in your case, your legal rights and represent you in your car accident claim or lawsuit.
Contact us today to get started with your free consultation.