If you’ve been injured in an auto accident in Florida, understanding how long you have to file a personal injury claim is crucial. The tort reform legislation passed in 2023 has impacted this deadline, potentially affecting your ability to seek compensation for your injuries.
The Two-Year Statute of Limitations
Prior to the 2023 tort reform, Florida allowed a four-year window for individuals to file personal injury lawsuits stemming from negligence. However, this change has reduced this statute of limitations to just two years. This means that if you were injured in an auto accident after March 24, 2023, you now have only two years from the date of the accident to file a claim against the at-fault party.
The Impact on Auto Accident Victims
This change in the statute of limitations has several important ramifications for auto accident victims:
- Less Time for Evaluation
With a shortened timeframe, you have less time to fully assess the extent of your injuries and the long-term consequences of the accident. Some injuries may have delayed symptoms that may not be immediately apparent. The reduced time frame could limit your ability to gather medical evidence to gauge the full impact of your injuries before filing a claim. - Faster Negotiations and Settlement
The two-year deadline puts added pressure on both parties to negotiate and reach a settlement. This is why it’s extremely important that you contact a personal injury attorney immediately after a car accident. - Potential for Missed Deadlines
If you’re unaware of the new two-year statute or fail to act promptly, you risk missing the deadline altogether. Once the statute of limitations expires, you lose your right to file a lawsuit and seek compensation for your injuries, regardless of their severity. - Legal Consultation
Given the shorter timeframe, it’s more critical than ever to consult with an experienced personal injury attorney as soon as possible after an auto accident. An auto accident attorney can review your case, advise you of your rights and options, and ensure that you meet all necessary deadlines to protect your claim.
What to Do If You’ve Been Injured in a Car Accident
The reduced statute of limitations stress the importance of acting quickly after an auto accident. If you’ve been injured, follow these steps:
- Seek Medical Attention: Your health is the most important. Seek medical attention immediately after the accident, even if you don’t feel seriously injured.
- Document the Accident: Gather as much information as possible about the accident, including the location, date, time, parties involved, witness information, and photos of the scene and any injuries.
- Consult an Auto Accident Attorney: Immediately seek legal advice from a qualified car accident attorney. They can help you understand the new laws, review your case, and guide you through the claims process.
- Initiate the Claims Process: Your attorney will help you notify the at-fault party’s insurance company and begin negotiations for a fair settlement.
- File a Lawsuit if Necessary: If a satisfactory settlement cannot be reached within the two-year window, your attorney can file a lawsuit on your behalf to protect your right to compensation.
The 2023 tort reform in Florida has resulted in significant changes for auto accident victims. Acting quickly is key to ensuring your right to seek compensation for your injuries. If you’ve been injured in a car accident, contact the Miami car accident attorneys at The Law Offices of Jose M. Francisco today for a free case review.
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