Injury claim window

UPDATED: May 30, 2009

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Injury claim window

What is the window of time to claim an auto accident injury from a car accident. in Orange Couinty, Florida? (Ex: accident in January pain now.)

Asked on May 30, 2009 under Accident Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The injured person or the legally-allowed person (in case of death of the injured person) has four years to file a lawsuit against a person or company under Florida state laws.  Many times, a case may be settled with the involved insurance companies.  But if this is not the case, a lawsuit must be filed before the four-year statute of limitations runs out.

A Florida auto accident attorney is the best person to decide whether a claim holds water or not. Evidence of the damage done and the negligence that caused it can be lost with time or by ignorance of the injured person, so you should contact the lawyer as soon as possible.

If you win a personal injury claim, the person or company that caused you injuries will be responsible for all the estimated medical expenses, time lost from work, damaged property, any permanent disfigurement or disability, costs of your emotional distress, and other related costs.

Basically, the worth of the claim depends on the extent of the injury, which can be some temporary hospitalization, permanent disability, or, in worst cases, death.  The worth of your personal injury claim also depends on the negligence of the person or company that caused the injury and how you might have contributed to your own injury.  If you were careless in some ways, too, and your carelessness contributed to your injury, the amount you can recover will be reduced in proportion to your carelessness, under Florida comparative negligence law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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