You may be seriously injured after a car accident. If another person or entity caused the crash, you should receive compensation for your injuries in a personal injury claim or lawsuit. However, you only have a specific time to file the claim from the date of injury. This is the statute of limitations. Learn all about the statute of limitations for car accident claims, then speak to Florida car accident lawyer for a free case review.
What Is A Statute Of Limitations?
The statute of limitations for a car accident claim is the maximum time limit for taking legal action against the liable party. The statute of limitations defines when you can file a lawsuit to obtain compensation for damages. Having a statute of limitations for personal injury claims has these aims:
- It’s fair: The time limit ensures that legal disputes are resolved reasonably and within a specific time. Accident evidence may only be available a few weeks or months after the accident. Beyond a certain point, it may be difficult to prove a personal injury claim for a car crash one way or the other. Witness memories also tend to fade quickly.
- It’s efficient: Limiting the time of auto accident lawsuits helps the courts manage their caseloads. Cases cannot linger for many years.
- It offers finality: Both sides get closure in the auto accident lawsuit. They can move forward without worrying about an open, unresolved lawsuit.
Regardless of the rationale behind a statute of limitations, it is a critical law that applies to car accident claims. You must consult a car accident attorney in your area who knows your state laws and can determine how long you have to file a case.
How Long Is The Statute Of Limitations?
The statute of limitations for auto accident lawsuits varies by state. Each state has its statute of limitations for different legal cases. For example, Florida's statute of limitations for personal injury claims, including car accidents, is two years. You have four years from the accident date to take legal action. You must wait at most four years to receive compensation for the accident.
Other statutes of limitations by state for car accidents include:
- Illinois: two years
- Texas: two years
- California: two years
- Colorado: three years
- Georgia: three years
- New York: three years
- Ohio: two years
- Pennsylvania: two years
Ensure you know your state's car accident statute of limitations. Don’t wait too long to take action or you might lose your right to file a case.
When Does The Clock Start On The Statute Of Limitations?
Usually, the statute of limitations clock starts on the day the accident happened that injured you. For example, if a car rear-ended you on Dec. 1, 2023, and your state has a two-year statute of limitations, you have until Dec. 1, 2025, to file a car accident lawsuit for damages.
That said, the statute of limitations for each state has exceptions that vary by law. The most common exception is when an injury victim isn’t initially aware of their injury. Suppose you’re in a car accident on Dec. 1, 2023. You think you aren’t hurt. However, a month later, you discover tingling in your extremities, and your headaches won’t go away. You have a serious concussion and nerve damage in your back.
Assuming the injury stems from the accident, the statute of limitations clock can be delayed by one month. Your auto accident attorney will ensure that your delayed diagnosis is documented for the insurance company or jury.
Another exception is if a minor suffers an injury in a car accident. In most cases, the statute of limitations clock doesn’t begin to run until the minor reaches the age of majority, 18. The statute of limitations may also be delayed if the injured person was legally disabled (of unsound mind) when the accident injury happened. The statute of limitations clock doesn’t start until the disability is over.
If a government employee caused your accident, a different statute of limitations may apply to your case. For example, suppose a postal worker hit you with their truck during their duties. Many states require the injured party to file a claim against the government within six months. Some states may allow only 45 days from the date of injury. Talk to a personal injury attorney in your state for more information.
The last common exception to the statute of limitations time limit is if the defendant has left the state where the crash happened. Many states pause the clock on the statute of limitations until the defendant returns to the state.
A car accident attorney in your state will know the statute of limitations for your area. Talk to an auto accident lawyer today for a free consultation about your case for more information.
How Long Will It Take To Settle A Car Accident Claim?
How long it takes to settle a car crash claim depends on many factors. After your auto accident attorney files the case, investigates the claim, and determines your damages, they will send a demand letter to the liable insurance company. The insurance company might be willing to settle the claim quickly if fault is apparent. However, the insurance company may balk if you were partially to blame or if liability is otherwise unclear.
Another factor: What is your degree of injury? Do you know how severely injured you are? It might not be desirable to settle your car accident lawsuit as fast as you think.
Many severely injured parties take months or sometimes years to reach maximum medical improvement (MMI). It can be a costly error to settle your case too quickly. You may need much more compensation than you thought because your injuries are worse. Your personal injury attorney will investigate your injuries by speaking to your medical team to understand when you will reach MMI.
Once you have reached MMI, your attorney will attempt to settle the claim in insurance negotiations. A few car accident claims settle within a few weeks, but others often take months. A final resolution may take a year or more if the case goes to trial. Long waits for court scheduling and outcomes are big reasons why most car accident claims are settled, not litigated.
Why Are Most Auto Accident Claims Settled?
Most personal injury claims settle without a court trial. Why do most cases settle out of court?
First, you may be out of work, unable to pay your bills and cover medical costs, and dealing with medical appointments. A car accident settlement might provide less than the case value than a trial. However, a court case carries significant risk. What if you have $100,000 in damages, can’t work, and the jury rules against you? You walk away empty-handed, which is disastrous for most injury victims. A settlement at least ensures a certain amount of money, and you will get it in your pocket faster than going to court.
Second, the auto insurance company for the defendant may want to settle your case. Insurance adjusters know that juries often side with a severely injured, sympathetic victim. A big insurance company seen as giving a hard time to a physically devastated crash victim can trigger the jury, and they may order the insurance company to pay big. Therefore, a reasonable settlement may serve the insurance company’s interests.
Third, court litigation means high legal fees and time requirements for both sides. There will always be considerable legal fees for going to trial in a severe auto accident claim. Part of the cost is the attorney fees.
For example, at least one attorney per side will handle paperwork, gather evidence, and present the case in court. Each side can run up tens of thousands or much more in a long trial. Both sides may want to avoid the legal costs and assorted expenses. But don’t worry: You don’t pay out-of-pocket legal fees as the injury victim. Your attorney is paid by contingency agreement from your settlement or case award.
Fourth, a court case will take several months to schedule and resolve. Do you want to wait six months, a year, or more for a resolution?
Bottom line: Regardless of how it resolves, a car accident claim will take a lot of money and time from both sides. There are many benefits to settling a car crash case for the plaintiff and defendant. However, you should listen to your auto accident attorney’s recommendation closely. They’ll tell you if, in their experience, you are best off by taking a settlement or filing a personal injury lawsuit.
How Much Will Your Auto Accident Settlement Be?
Most serious auto accidents are compensated by providing the victim with economic and non-economic damages. Economic damages include current and future medical expenses, lost earnings, and lost earning ability (if appropriate). Non-economic damages usually are pain and suffering and mental and emotional anguish.
How much can you receive in your settlement? No serious auto accident attorney will guarantee what you receive in your case. However, it’s understood that several common factors largely dictate the amount of a car accident settlement:
- How seriously you’re injured: Did you suffer a severe head injury and undergo months of hospitalization, surgeries, and rehabilitation? Your case value will rise dramatically. If the injuries are broken bones, it’s still a serious injury, but the case is worth less.
- How extensive your medical treatments are: Cases with extended hospitalization and surgery are always worth more because the medical bills are so high. At a minimum, one day of intensive care in an American hospital will cost tens of thousands.
- How much pain and suffering you have: Severe burns from a car fire, for example, are excruciating, as are the treatments. The case value can be higher than for someone with a fractured wrist.
- How much insurance: Unfortunately, even some high-value cases are limited in payout because only a minimum amount of insurance is available. Many states only require $30,000 of bodily injury coverage per accident. Your attorney will search for every possible insurance policy to cover your losses. They also will check if an employer is partially liable. If so, a higher limit insurance policy might be in effect, such as in many truck accident claims.
- How quickly you received treatment: Getting prompt medical treatment and following doctors’ instructions will help you get more compensation. After all, you can’t argue you have a devastating injury if you don’t go to the doctor or listen to their medical advice.
- Your demeanor and honesty: It’s important to be honest and open about how the accident happened and your injuries and pain. Your claim can be negatively affected if you come across as dishonest.
- How quickly you hire a car accident attorney: The sooner you have an auto accident attorney on your side, the better for your compensation. Auto accident attorneys understand the rules of evidence, how to determine fault, what claims are worth, and what to say and not say to stingy insurance companies. Retaining counsel immediately after the accident ensures everything is done right from day one.
Regardless of the case circumstances, your auto accident lawyer will fight for every dime you deserve. They receive more money if you receive more money. Talk to a car accident lawyer in your area today to find out if you have a case.
Contact A Car Accident Attorney Now For A Free Consultation
Have injuries after an accident because of someone’s negligence? You’re likely entitled to compensation. However, you risk being unable to file a lawsuit if you wait too long to take legal action. Every state has a statute of limitations for filing a personal injury lawsuit. Waiting too long to file your claim means being barred from receiving compensation. Take action now by speaking to Florida personal injury attorney today! There’s no obligation, and the consultation is free. You will not pay any legal fees unless your personal injury attorney wins your case.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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