How Long Can I Sue After A Car Accident?

Dealing with the aftermath of a car accident can affect even the toughest of individuals. Not only do you need to worry about recovery, but you’re most likely going through hell thinking about your future. 

At times like these, the best road ahead isn’t always clear, but one thing you should start thinking about is filing a lawsuit to recover damages. You’ll need to hire a personal injury attorney to help you with this, but it also doesn’t hurt to attain as much knowledge about this process as possible, if only to keep your mind at ease while looking for legal help.

You most likely have a plethora of questions such as how long can I sue after an accident, what is the role of the insurance company, and whether you can file a lawsuit in the first place. 

Continue reading this article and find out. 

Statute limitations on car accidents

Legally speaking, a statute of limitations is a law that restricts the amount of time during which parties involved in a legal dispute have to start legal proceedings. Simply put, the statute of limitations answers the question of how long can I sue after a car accident. 

In Florida, this limit is typically four years after the event. There are exceptions, of course: for wrongful death, you have two years from the death of the individual to file a suit, whereas if you’re suing your insurance company (in cases where the other driver was uninsured or they fled the scene), you have five years to get the suit off the ground. 

Suing another driver for injuries

Now that you can provide the answer to anyone who asks “how long can I sue after a car accident”, let’s go over some common scenarios, including the one where you’ll sue another driver. 

In short, Florida is a “no-fault” state, meaning each party has to file a claim with their insurance company, regardless of who caused the accident. 

Every driver must purchase personal injury protection insurance of at least $10k. This helps cover 80% of medical costs, 60% of lost wages, and in case of death, there is a $5k death benefit.

Although this coverage is certainly helpful, it’s not enough if the injuries you suffered were extensive and force you to take significant time off work. Furthermore, with personal injury protection, you can’t recover any non-economic losses, such as pain or suffering. This is why the best option is to file a lawsuit against another driver after recovering funds from your insurance company.

It’s worth noting that you must meet specific requirements if you want to sue another driver. According to Florida laws, you’re not allowed to file a suit for non-economic damages unless the accident caused:

• Permanent or significant loss of a body function
• Permanent injury
• Permanent scarring or disfigurement 
• Death 

Keep in mind that these factors are just  minimum requirements for the court to even consider your lawsuit. If you want to win, you must prove the other party was negligent.

Every driver is expected to adhere to a strict standard of care when they’re behind the wheel. In other words, they are responsible for the safety of themselves and other motorists on the road. If they breach this standard of care and their action results in an accident, they’ve acted negligently.

Negligent acts include:

• Exceeding the legal speed limit
• Not stopping at a stop sign
• Distracted driving
• Driving under the influence of illicit substances 
• Aggressive driving

Along with providing proof the other party was negligent, you also have to demonstrate the extent of your injuries and provide documentation that corroborates your claims (medical bills, physician’s findings, and so on).

Suing your insurance company

As we already hinted at, some car accidents involve uninsured or underinsured individuals, and some feature those who flee the scene. In such cases, you may have no one to sue and must file a claim with your insurance company. 

To be able to do this, you must have uninsured or underinsured motorist coverage (UM/UIM). Check if your policy includes it because it’s not mandatory in Florida.

If you do have UM/UIM and the insurance company denies your claim, you are within your legal rights to file a lawsuit for breach of contract, which comes with a five-year statute of limitations.

Additionally, if your insurer acts in bad faith, you can file a lawsuit. This may include not settling your claim when it’s reasonably clear or undervaluing your claim to get you to settle. If this is the case, you first must provide a notice of violation to the Florida Office of Insurance Regulation.

These notices must meet strict legal requirements, so you should hire an attorney experienced in dealing with insurance companies. 

Filing a wrongful death suit

If someone else's negligence resulted in the death of a loved one, you have the right to collect damages. The way this works is the representative of the deceased individual will compile all the names and signatures of the surviving family members and file a lawsuit on their behalf. The survivors can include parents, spouses, children, and any other dependent relatives.

When it comes to wrongful death suits, similar rules apply as with suits in which the person survives - it must be proven the other party acted negligently. In circumstances where multiple people were at fault, it’s possible to sue each individual for the full amount of recovery. 

Get the legal ball rolling

Don’t feel frustrated if you’re unfamiliar with how legal proceedings should be handled after a car accident. After all, Florida’s insurance laws and states of limitations are notoriously complex and generally require a lot of skill to navigate properly. 

In case you have any doubts about your accident and would rather focus fully on recovery, let the attorneys at the Law Offices of RITE handle everything on your behalf. We won’t just investigate your case and work on establishing negligence - we’ll take over all communications with the insurance company, and if needed, represent you in court - ultimately helping you pursue justice. 

Get the legal ball rolling by calling our office at (904) 500-RITE (7483) or sending an email to info@rite4justice.com. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.