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Naples Personal Injury Attorney > Blog > Personal Injury Lawyer > How Long Should You Wait Before Filing A Personal Injury Claim?

How Long Should You Wait Before Filing A Personal Injury Claim?


If you have suffered a personal injury in Florida, you have the right to file a personal injury claim and obtain compensation from an at-fault party. Indeed, after suffering an injury in an accident, there is usually nothing else a victim wants to think about other than their recovery. However, as much as it is important to focus on healing after an accident, it is also important to consider other things such as recovering compensation.

After receiving medical care, you will go back to living your life. Therefore, it is important that you think about the kind of life you want to get back to after your recovery. You, without a doubt, want to get back to a life where you have enough money to sustain yourself even if you can’t work, right? So, don’t wait too long to file a personal injury claim. Speak to a personal injury attorney as soon as you can to start working on your case. As much as you don’t have to file a personal injury claim immediately after your accident, you also don’t want to wait too long before filing one. While personal injury attorneys understand all too well the frustration that comes after an accident, we also want injured victims and their families to understand that taking prompt legal action can make all the difference in their personal injury case.

The Official Deadline for Filing a Personal Injury Claim in Florida

In Florida, there is an official deadline for filing personal injury claims in court. For example, if you suffered an injury in a car accident because of someone else’s negligence, you have four years from the date of your accident to file a personal injury claim in court. Generally, as long as you file your claim within four years, you can recover compensation. If you allow four years to pass without taking any action, you lose your right to recover damages. Even if you try to negotiate with an at-fault party’s insurer, the chances are, they won’t agree to settle, or they will give you an unfair settlement because they know you can’t go to court.

You Should Not Wait To Take Action

Suppose yours is a car accident case. In such a case, even though you have four years to file your personal injury claim doesn’t mean you should wait to file your claim. In Florida, you can file a personal injury claim even when you are still recovering from your injuries. In fact, it is even wise to get the process started while you’re still receiving treatment for your injuries. Just ensure you retain a skilled personal injury attorney who can help you handle your claim while you focus on healing. Also, you don’t want to accept a settlement before you reach maximum medical improvement, meaning you are as healthy as you’re going to be or at a point where your attorney can accurately calculate the ongoing financial impact of your injuries and the amount of money you’ll require for future medical care.

Benefits of Initiating a Personal Injury Claim Early

As personal injury attorneys, we stress the importance of not waiting too long to file a personal injury claim because we have seen the benefits that come with filing a claim early. For example, as already hinted above, you can avoid being time-barred by the statute of limitations when you file a personal injury claim early.

Below are two other major benefits of filing a personal injury claim early;

You Can Strengthen Your Case

One main benefit of initiating a personal injury claim as soon as possible after an accident is that you can strengthen your case immensely. When you initiate a personal injury claim as soon as possible after your accident, you get to present reliable evidence to the insurance company or court. Considering evidence is the one thing that can help you prove your personal injury claim; you want to ensure that the evidence you present is not questioned. Sometimes, evidence is questioned when a lot of time has passed between an accident and when a victim files a personal injury claim.

Successful Personal Injury Claims Take Time

Another huge benefit of initiating a personal injury claim as soon as you can after your accident is that you give your attorney enough time to work your case up to its full potential. Your attorney needs time to gather and preserve evidence. Depending on the specifics of your case, your attorney may need time to find an expert witness and consult other professionals, such as accident reconstruction specialists, who can help strengthen your case.

Contact a Fort Myers Personal Injury Attorney

If you suffered a personal injury in Florida and need help filing a personal injury claim and recovering compensation, contact a Fort Myers personal injury attorney at The Law Offices of Marc L. Shapiro, P.A., today at 239-649-8050  to schedule a free consultation.

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