A fender-bender or a little bump may not seem like a big deal to you at first, but even a minor car accident can lead to major problems later. Hidden injuries and unexpected bills may be on the road ahead.
Depending on the circumstances of your minor car accident, you may be able to take legal action against the liable party. At Andrew Pickett Law, serving Florida residents statewide, we evaluate and handle cases like this every day. We can tell you whether your potential lawsuit is valid.
Yes, If Not Too Much Time Has Passed
In Florida, the statute of limitations for car accidents is 2 years. This is, in fact, a change since March 2023. Previously, more time was allowed.
This law matters to you if you have recently been in a car accident. You may still have time to set in motion a legal claim that will return you a settlement.
However, if a settlement can’t be reached before the end of the 2-year period, then a lawsuit must be filed before it expires. Once the deadline passes, you lose the right to file a lawsuit entirely.
Of course, there are exceptions to the rule in Florida. The statute may be paused until the liable party turns 18. It may also be extended when:
- The injury was not immediately apparent
- The at-fault party evades legal action by leaving Florida after the accident but before a lawsuit is filed
- The at-fault party intentionally concealed evidence or misrepresented facts
Need free legal help in Florida?
We specialize in personal injury claims.
Yes, If the Liable Party May Be Deemed Negligent
For any car accident lawsuit, no matter how minor the crash seemed, you must prove that negligence was involved. If your claim can successfully demonstrate the driver’s duty of care to you and the breach of this duty, then you may be able to obtain money from him or her for the resulting damages.
Yes, If You Are Less Than 50 Percent At Fault
The rule of modified comparative negligence is applied in Florida. Generally, this rule means that a plaintiff partly at fault for the accident can only receive compensation reduced by his or her percentage of fault.
However, Florida law states that if you share more than 50 percent of the blame for what happened, then you may be completely barred from recovering any damages at all. This emphasizes the importance of building a strong claim that will withstand allegations of shared fault against you.
Yes, If You Need More Money
Florida has a “no-fault” system in place that governs car accidents involving injuries. So when you find yourself in a collision, your own Personal Injury Protection (PIP) insurance will be your primary source of coverage for medical bills and lost wages, no matter who caused the accident.
Our state’s system ensures that people get quick medical care for smaller injuries and reduces lawsuits. However, this “no-fault” rule doesn’t completely prevent you from suing anyone. Instead, it sets a special requirement, or threshold, that you must meet before you can sue the other driver.
If your medical bills or property damage total up to more than what PIP can give you, then you can sue the liable party for more money. The same rule applies if your property damage adds up to more than what their Property Damage Liability (PDL) can provide.
Need free legal help in Florida?
We specialize in personal injury claims.
Yes, If You Sustained Serious Injury
Since PIP is limited, you can usually sue the driver who caused the collision when your injuries are considered “serious” by Florida law. Statute § 627.737 explains what counts as a serious injury.
Under this rule, you would be considered to have a serious injury if you sustained any of the following:
- Significant and permanent loss: Of an important bodily function
- Permanent injury: Confirmed by a doctor, excluding minor scars
- Significant and permanent scarring: Or disfigurement
Unfortunately, many injuries don’t make themselves apparent right after a collision. Conditions like whiplash, concussions, soft-tissue damage, or pain and suffering might not cause you distress until days or weeks later.
When these delayed injuries eventually meet Florida’s serious injury standard, you can file a lawsuit against the liable party.
Get Us Involved Before Time Runs Out
Since you only have 2 years from the date of the accident to attempt negotiations and file a lawsuit, we suggest that you speak to an experienced personal injury lawyer as soon as possible. No matter how soon it seems the insurance company has given you a fair offer, you need to seek a second opinion before it’s too late.
The option to sue is there if you don’t get a fair offer. Talk to an attorney to understand your rights, see what your case is truly worth, and get a glimpse of the entire legal process. Andrew Pickett Law’s representatives are standing by 24/7, so click to call or chat now to schedule a free consultation with us.
Need free legal help in Florida?
We specialize in personal injury claims.
