Do I have to file a claim immediately after an accident in Daytona Beach?
Daytona Beach, FL – If you’re injured in an accident in Daytona Beach, you may need a crash course in legal procedures, insurance regulations, deadlines, etc. The success of your claim depends on following the correct procedures and meeting the deadlines. People often wonder when they should file a claim against the person they hold responsible for their injuries. Do you file right away? Can it wait until you recover? How much money should I ask for? If you’re struggling to understand what you need to do it’s best to schedule a free consultation with an experienced accident lawyer in Daytona Beach.
What is the statute of limitations for accident claims in Florida?
If you were injured in a traffic accident, a slip and fall, or maybe an amusement park accident you have four years to file a personal injury claim. However, if you lost someone in an accident caused by negligence you must file a wrongful death claim within two years of their death. As an example, if a loved one was badly injured in a car crash and died after spending two months in the hospital the statute of limitations period starts running from the date of their passing.
When should I file my Daytona Beach accident claim?
Sooner rather than later. The fact that you have four years to file an accident claim doesn’t mean that you should await years to take action. And it’s not in your best interest to do so. At the very least, you should contact seasoned Florida accident lawyers to get their opinion on the kind of settlement you should be looking for.
Under Florida law, if you are injured in a car accident you can recover some damages under your Personal Injury Protection (PIP). How much you can get depends on the type of coverage you have, but, in any case, you won’t get all your medical expenses, nor all the money you lost while you were unable to work.
Once you’ve exhausted your PIP, if your injury meets the threshold set under Florida regulations, you can file a claim against the other party’s insurance or sue them.
Florida is a no-fault state so you can recover against your PIP no matter who was to blame for the accident. On the other hand, filing a claim against someone else means stepping outside the no-fault system. To get money under tort law your accident lawyers will have to prove that the other party was guilty of negligence.
Your lawyers will need hard evidence to present to the insurance adjuster or the jury. If you wait too much, important evidence may go missing. For instance, if your lawyers need recordings from the surveillance cameras near the scene of the accident, they may not find any after months or years after the crash.
They may also need to provide witness testimony to support your claim. Unfortunately, people may move away or even if you manage to locate them, they may have only vague memories of an accident they witnessed one year ago.
Bottom line, you should reach out to a reliable lawyer as soon as possible. Let them do their job while you focus on your recovery. When the time is right they’ll send a letter of demand to the insurance company. This will be followed by negotiations, which may take months. In most cases, accident claims are settled out of court. Or, if this is not possible, you’ll still have plenty of time left to file a lawsuit.
If you have questions about your damage claim following an accident in the Daytona Beach area, contact an experienced local lawyer at Pappas & Russell, P.A. and let them take care of your problems.
Contact info:
213 Silver Beach Avenue, Daytona Beach, Florida 32118
Phone: (386) 254-2941
