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Naples Personal Injury Attorney > Blog > Legal Advice > Statute of Limitations for Florida Car Accident Injuries

Statute of Limitations for Florida Car Accident Injuries

If you have been injured in a car accident in the state of Florida and are considering filing a claim for compensation, whether with your own insurance company or through the insurance company of the person who caused the accident, there are important deadlines you should be aware of.

These deadlines are called statutes of limitations. If you do not file your lawsuit within these time frames, you may be forever barred from bringing your case and seeking compensation for your injuries.

As such, it is extremely important to know and follow the statute of limitations for filing a car accident claim. You should contact an experienced Florida car accident injury attorney as soon as possible to ensure you do not miss any important deadlines.

Florida is a no-fault state, which means you will file a claim with your own insurance company if you are involved in a car accident, regardless of who was at fault.

All motorists in Florida are required to carry personal injury protection insurance (PIP). According to Florida Statute 627.736, under most plans, PIP will cover approximately 80 percent of your medical costs and 60 percent of lost income or lost earning capacity. It will also provide $5, 000 in death benefits.

This coverage extends to the policyholder, residents who live in the same house, the person who was driving the vehicle at the time of the accident, any passengers in the vehicle and anyone hit by the vehicle.

In order to receive these benefits, however, you must file a claim as soon as possible within the deadlines outlined in your policy. This could be as little as 14 days. However, it is best to notify your insurance company immediately after an accident and seek medical treatment immediately.

If your PIP coverage is not enough to address all of your losses, you may be able to file a claim against the other driver who was involved in the accident. However, Florida Statute 627.737 states that you can only file a claim if you suffered significant or permanent injury or scarring.

If you meet this requirement for severe injuries, you have four years from the date of the accident to file your claim. This time limitation applies to both personal injuries and any property damage you may have incurred.

If your accident resulted in the loss of a loved one, you have two years from the date of his or her death to file a wrongful death lawsuit in Florida.

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