Timelines are probably the last thing on your mind after an accident. You’re more worried about your potential injuries and property damage. Even after you get your bearings, worrying about filing deadlines for a Florida injury claim probably isn’t a top concern.
With that being said, eventually, you’re probably going to start wondering about the timeline for filing an injury claim in Florida. This usually leads to wondering about the claim process like how you even get started. Florida’s injury claim process can be a little confusing so here’s what you should know.
What’s the Average Timeline for Filing an Injury Claim in Florida?
The timeline for filing a personal injury claim depends on the state’s statute of limitations. In the Sunshine State, the statute of limitations gives accident victims two years from the date of the incident to file an injury claim. This statute applies whether you’re filing a claim with your insurance provider or the at-fault party.
Are there exceptions to the statute? Sometimes an exception can apply. The statute can be extended if you don’t discover your injuries on the date of the accident. Soft tissue injuries and internal bleeding can be an example. Injuries like these can take a while before you start noticing any signs or symptoms.
The two-year filing deadline kicks in on the date you discover your injuries. However, don’t take this as a reason to put off starting the claim process. Like pretty much every legal rule there’s a caveat. You must discover your injuries in a reasonable amount of time.
In other words, you can’t wait a year or so before claiming you suffered injuries in an accident. A few other reasons the statute of limitations can be extended are for minors or if the court can’t locate the defendant.
You May Be Filing Two Claims
Florida’s accident claim process can be confusing but it can also have an upside. Both no-fault and comparative negligence rules apply in the Sunshine State. One rule can make it a little easier to quickly recover compensation. The other rule can cause your potential compensation amount to drop.
Filing an Accident Claim with Your Insurance Provider
No-fault insurance rules mean everyone, regardless of fault, is filing a claim with their insurance provider. Comparative negligence isn’t a potential issue yet, so don’t worry about this insurance rule.
All drivers with vehicles registered in the state must carry at least $10,000 in liability insurance. You’re also required to carry the same amount of personal injury protection (PIP) coverage. If you’re only carrying liability insurance, don’t worry about your property damage just yet.
Your liability policy only covers damage you cause to someone else’s property. On the other hand, if you have full coverage go ahead and start listing your property damage. You should be covered up to your policy’s cap. Your PIP insurance covers up to 80% of your medical costs or the policy’s cap. PIP can also take care of some of your lost income.
Since you’re filing a claim with your insurance provider things tend to move along a little more quickly. You also shouldn’t need to worry about proving negligence. Your insurance should cover your damages regardless of who’s at fault.
Insurance companies typically have 20 days or so to indicate they received your personal injury claim. If your claim is approved, it generally takes another 30 days to receive your settlement check. So, there’s a slight chance your injury claim timeline can be around two months from start to finish.
Recovering Compensation From the At-Fault Party
If you think everything’s going pretty smoothly, enjoy the moment. Things tend to get a tad more complicated. Your insurance provider has covered some of your damages but you probably still have remaining expenses. Now, you can file a personal injury claim against the liable party’s insurance provider.
Hopefully, you’re not getting used to a relatively speedy timeline since things can start taking a while to settle.
Navigating Comparative Negligence
This insurance rule doesn’t apply to all personal injury claims but it does tend to pop up. Comparative negligence allows for more than one individual/entity to be held liable for the same accident. If you’re assigned fault for the accident, it’s going to be reflected in your compensation amount. Your settlement will be reduced by your assigned percentage of blame.
If you’re wondering if there’s a cut-off percentage, there is. You shouldn’t have a problem filing an accident claim as long as you’re not assessed more than 50% of the blame.
Calculating Your Remaining Damages
If you’re feeling like you’re constantly adding up your bills and other expenses, you’re almost finished. You should be able to file a personal injury claim to recover any damages left over by your insurance provider. However, this doesn’t mean you can simply recopy your original insurance claim. Instead of receiving a settlement check, you may be facing insurance fraud charges. You can’t claim the same damage twice.
So, if your PIP insurance covers 80% of your medical costs and lost wages, you can file a claim for the remaining 20%. Since PIP doesn’t cover non-economic damages, you can claim the entire amount. Using either the per diem or multiplier method you can come up with an estimated value of your non-economic damages.
Filing a Letter of Demand
You’re getting closer to the end of the claim process. This is also when it’s a good idea to work with an experienced Florida personal injury attorney. A letter of demand outlines the value of your accident claim and includes supporting documentation.
Once again, the insurance company has about twenty days or so to respond to your demand letter. If your claim is approved, you wait another month or so to receive your settlement check. If your claim is denied, you’re probably heading to negotiations and this can drag out the timeline.
Avoiding Lengthy Settlement Timelines
Sometimes it takes a while to settle a personal injury claim. However, you may be able to speed up the process a little bit by partnering with an accident attorney. Your lawyer is familiar with filing deadlines and the delaying tactics insurance companies often use.
