Understanding When Florida Law Allows You to Sue for Car Accident Injuries

Personal injury lawyers throughout the U.S. advertise with billboards and commercials showing car accidents. But Florida, like a handful of other states, has laws that restrict the ability of car accident victims to file a lawsuit after a car accident.

Applying these laws can be a challenge. It’s often not easy to determine whether you will be able to sue for car accident injuries without an in-depth analysis. An experienced personal injury attorney can review the details of your situation and assess your ability to file a lawsuit. We can’t provide that type of personalized analysis in a blog post. But we can review the factors that come into play when determining whether you are likely to be able to recover compensation through a personal injury lawsuit after a car accident in Florida.

Statute of Limitations

One of the first limitations to understand is the time deadline for filing a lawsuit. No matter how severely you were injured and how horribly the other driver was acting, you must prepare and file your claim before the deadline established by the statute of limitations for personal injury claims. Accident victims in Florida used to have four years to file a lawsuit for injuries suffered in an automobile collision. Then, lawmakers changed the deadline to cut the time in half. 

All claims now must be filed within two years of the time of the accident. If you miss the deadline, you lose your right to seek compensation for your losses. While you could request compensation outside of court, since you have no legal right to sue, the insurance companies have no incentive to pay.

There are some exceptions that affect the way the time limit is applied in certain cases. For instance, if a child or teen under the age of 18 is hurt in a car accident, the law may allow up to seven years of additional time to file a claim for injuries. Additionally, if an adult is incapacitated by injuries and unable to take legal action right away, the two-year statute of limitations can be “tolled” for a time. This means the clock does not start running immediately. The victim may be given two years from the time they recover the ability to understand the accident to file a claim.

The Serious Injury Requirement

A second limitation to the ability to sue for damages after a car accident is based on Section 627.737 of the Florida statutes. This law specifies that vehicle owners and drivers are exempt from liability for injuries caused by car accidents unless those injuries meet certain requirements. In other words, before an accident victim can sue the person responsible for causing a car crash, they must show that they suffered either:

• A “significant and permanent loss of an important bodily function”
• Scarring or disfigurement that is “significant and permanent”
• Another injury that is permanent “within a reasonable degree of medical probability,“ or
• Death

When someone dies because of injuries suffered in a car crash, the personal representative of that individual can file a wrongful death claim to recover compensation and obtain justice for family members.

Death is definitive. However, the other benchmarks for determining when car accident injuries are serious enough to enable victims to file a personal injury lawsuit are subject to interpretation. Even when an accident victim’s injuries seem horrific, Insurance companies will still try to argue that those injuries are not sufficiently significant or permanent to meet the required standard. It is important for accident victims to work with an attorney who understands how to overcome these arguments and show why a lawsuit should be allowed.

Using Evidence to Demonstrate That the Harm Suffered Meets the Serious Injury Threshold

What makes an injury “significant?” In many cases, the key is the effect that the injury has on the victim’s life. A broken bone may heal quickly in the body of a young adult in good physical condition. But that same broken bone could lead to permanent disabilities or even death for an older adult because of complicating factors

It is important to gather and present evidence to show how the injuries have impacted the victim’s life so far and the effects they are expected to have in the future. Personal injury lawyers who take a thorough and dedicated approach will often hire expert witnesses who can testify about the long-term effects of specific injuries.

It is Important to Get a Thorough Medical Exam Right After an Accident

Serious injuries with lasting consequences are not always immediately obvious. Head injuries, internal bleeding, and even spinal injuries sometimes have mild symptoms at first or no symptoms at all. It is important to see the doctor after any accident and make sure the doctor is aware that you’ve been in an accident so they can check for signs of trauma. It is also important to follow medical instructions and keep copies of your records. These records can establish that your injuries were caused by the car accident and not some other cause.

A Dedicated Car Accident Attorney Can Help You Understand Your Options for Recovery

Florida’s no-fault insurance scheme is built around the concept that your own insurance can usually meet your needs after an accident. But the extent of injuries is often far greater than the coverage provided through your personal injury protection benefits. It is important to be prepared to seek additional compensation through a personal injury lawsuit.

No insurance company is going to advise you to file a lawsuit. If you want a sincere answer about whether you can or should sue for car accident injuries, you need to consult an attorney.

The team at Searcy Denney Tallahassee has decades of experience helping car accident victims recover the compensation they deserve. We’d be happy to discuss the options available in your case. Just call us at 888-549-7011 or contact us online to schedule a free consultation.