how long does an attorney need to file a personal injury claim for an accident

Full Answer

What is the personal injury Statute of limitations in my state?

A car accident, slip and fall, dog bite, or similar type of case will be governed by the personal injury statute of limitations in your state. Even if you're just involved in an insurance claim for now, it's important to keep the statute of limitations in mind in case you eventually need to file a lawsuit.

How do I file a personal injury lawsuit for my injury?

Of course, if your insurance claim stalls or settlement negotiations break down, you can always get the personal injury lawsuit process started by filing your complaint in the local branch of your state's civil court. One key law to keep in mind is the personal injury statute of limitations in your state.

Do I have to wait to file a personal injury claim?

If you're still receiving medical treatment for your injuries, you don't need to wait to file a claim. In fact, it's a good idea to get the process started, whether we're talking about an insurance claim or a personal injury lawsuit.

How can I recover compensation for an injury without filing a lawsuit?

There are ways to recover compensation for an injury without running to court and filing a lawsuit. Again, where insurance coverage in place, you can file a "third party claim" against the at-fault person's insurance carrier.

What is the longest a personal injury claim can take?

As a very rough guide, a claim may take 6 to 12 months if liability is accepted by the treatment or care provider immediately. If liability is disputed, it could take 12 to 18 months for more complicated claims. Very complex cases can take significantly longer.

How long do you have to file a personal injury claim in Florida?

4 yearsFor Florida personal injury cases that are founded on negligence, the statute of limitations is 4 years. Auto accidents, premises liability and wrongful death cases all have a 4-year statute of limitations. Civil injury cases that are NOT based on negligence have a 2-year statute of limitations.

How long after an accident can you sue in Florida?

four yearsUnder Florida's statute of limitations, you generally have four years from the date of a car accident in which to file a lawsuit to pursue compensation from the driver or party responsible for the accident and your injuries.

Can you sue for pain and suffering in Florida?

In a lawsuit, pain and suffering is a type of non-economic damages. Under Florida law, plaintiffs can seek damages for pain and suffering, as well as other non-economic damages. However, with Florida's no-fault system for auto accidents, it's important to understand when you can pursue these damages.

What is the statute of limitations in Florida?

In Florida, the statute of limitations is found at Florida Statutes, Section 95.11. Some of the most important limitations under Florida's statute include: Action to recover on a Florida judgment = 20 years. Breach of written contract = 5 years (only 4 years for oral contracts)

How long do you have to report an accident to insurance?

within 24 hoursAfter being involved in a car accident, you should report it to your car insurance provider as soon as you can. Many insurers specify that you need to inform them about an accident within 24 hours of the incident.

How do I file a personal injury claim in Florida?

How To File a Personal Injury ClaimDetermine Who the Claim Is Against. ... Decide What Court Has Jurisdiction Over the Case. ... Prepare Your Summons and Complaint. ... Create the Civil Cover Sheet. ... File the Documents. ... Pay the Filing Fee. ... Serve the Other Party. ... Continue To Pursue Your Case.

How long does an insurance company have to settle a claim in Florida?

Florida Statute 627.4265 states that an insurance company must pay within 20 days of agreeing to settle with the other party. However, if they fail to pay by the due date, then they must pay 12 percent annual interest to the claimant.

Take Time To Understand The Severity Of The Injuries

You may think that you only have a minor injury only to discover later that more damage has been done on the inside. So, the first thing to do after an injury is not to file a claim. Rather, start by observing your body. Check if you have any scratches, mobility issues, and other problems associated with the injury.

File A Personal Injury Claim As Soon As Possible

You do not want to run into a deadline as you file your claim. To avoid this, the best approach is to file your lawsuit as soon as possible. Even if you are receiving medical treatment, do not wait until you are done. It is best to file the claim as you continue with treatment.

Statute Of Limitations

Every state has laws that govern how soon one must file a personal injury case. Though these periods differ from one state to the other, it is set at two years for most states. These statute limitations dictate that cases must be filed within the set time limit.

Must You File A Personal Injury Case?

An injury is costly to treat and adjusting to the changes it may have on your life is difficult. While some injuries can render a person unable to work, others may only need short-term medical treatment. No matter what kind of injury it is you have incurred, it will definitely change something about your life.

When Should You File an Injury Claim?

If you’re still receiving medical treatment for your injuries, you don’t have to wait to file a claim.

Statute of Limitations for Filing a Personal Injury Lawsuit

The personal injury statute of limitations, or the time you have to file your personal injury lawsuit, applies to all personal injury cases.

Can I Get an Extension on the Statute of Limitations?

If you missed the deadline to submit your car accident lawsuit or won’t have time to file, you might be able to get an extension.

Maximum Medical Improvement and Settlement

Before you decide to accept any settlement offer from an insurance adjuster or the defendant, you need to figure out whether you have reached “maximum medical improvement” or MMI.

When to Contact a Personal Injury Attorney

If you or a loved one were recently injured due to the negligence of someone else, the experienced attorneys at The Brown Firm are here to help.

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What Is the Optimal Time to File a Personal Injury Claim?

Each state has their own statute of limitations for filing a personal injury claim. For example, South Carolina gives you three years from the date of the injury to file a claim. Other states only give victims two years. Generally, the best time to file a claim is when you have:

How Long Will It Take to Get My Settlement?

The negotiating process can take as little as two weeks to as long as several months. It all depends on your case and how willing the insurance company is to pay out your settlement for what it’s truly worth.

Do I Need to Wait to File a Personal Injury Claim?

There’s no waiting period if you want to file a personal injury claim. You can begin the process right after your accident occurs. However, it’s best not to rush it. The last thing you want to do is file too early. While this may seem counterintuitive given that filing near the deadline isn’t optimal either, the truth is that you want to file at the optimal time.

When Should You File an Injury Claim?

If you're still receiving medical treatment for your injuries, you don't need to wait to file a claim. In fact, it's a good idea to get the process started, whether we're talking about an insurance claim or a personal injury lawsuit.

How long does it take for a car accident to heal?

After any accident involving an injury, some amount of time needs to pass before you understand the nature and severity of your injuries. Even minor injuries and pain may linger for weeks or months after an accident – car accident, slip or fall injury, dog bite, etc. – before you're able to assess the impact on your life. More serious injuries will require medical treatment that may be ongoing with no clear end in sight.

Can you lose a claim before MMI?

Remember, there's nothing to be lost by getting the claims process started before you've reach MMI, you just need to be sure you have a clear picture of your damages (past and future) before you resolve the case.

What is the statute of limitations for personal injury?

This law sets a limit on the amount of time you have to file a lawsuit after your injury, so it's crucial to understand and abide by it.

How to recover compensation for an accident without going to court?

Again, where insurance coverage in place, you can file a "third party claim" against the at-fault person's insurance carrier. You'd start by getting the name of the other person's insurance carrier and his or her policy number. Then, send the company a notice of claim that includes their insured's information, your information, the date of the accident, and a notification letter in which you declare that you were injured and intend to pursue a claim. Don't get into specifics at this point. That will come later, in settlement negotiations and in correspondence such as the demand letter.

What to do if you think someone else is legally responsible?

If you've been injured and you think someone else might be legally responsible, you might want to find out whether that person has insurance coverage that will kick in to cover any injury claim you make. After a car accident, does the other driver have insurance? If you're hurt in a slip and fall, who owns the property, and do they have liability coverage?

Is it worth it to have an attorney fight for you?

Depending on the amount of money at stake and complexity of the legal issues in your case -- and also depending on how much of a fight the other side is willing to put up -- it might just be worth it to have an attorney fight the fight for you.

Do two cases follow the same course?

So, no two cases will follow the exact same course or timeline. A lot depends on the severity of the resulting injuries, the clarity of certain issues —who was at fault probably the biggest—and whether or not the incident is covered under an insurance policy.