In Florida, auto accident injuries are managed under personal injury laws. However, the state can impose some limitations on filing a lawsuit and stipulate when it is possible for victims to file. Auto Accident Attorneys in Hollywood FL clarify the laws for clients and explain when legal claims are possible.
How Long Do Victims Have to File a Claim?
All accident victims face a statute of limitations of four years. It is necessary for the victim to file as quickly as possible to avoid a forfeiture of their rights to compensation. However, if a traumatic brain injury is discovered later, it is possible for the victim to seek damages due to delayed discovery.
When Can Victims File a Legal Claim?
The state of Florida has initiated a no-fault law pertaining to auto accidents. All drivers must purchase personal injury protection in addition to auto liability coverage. The victim must file a claim through their own insurance policy before they have a chance of filing a legal claim. Typically, the no-fault laws prevent the victims from filing a lawsuit unless they suffer serious injuries.
According to the no-fault laws, serious injuries include but are not limited to disfigurement, loss of limb, and loss of a bodily function. However, any condition that is permanent and causes any disability could be classified as serious.
Does It Matter Who was at Fault in the Accident?
No, under the no-fault rules in the state, it doesn’t matter who caused the accident when filing an insurance claim. However, if the victim is filing a lawsuit, evidence of fault is needed. The victim must also prove that they didn’t play any role in causing their own injuries. A comparative fault ruling reduces their monetary award by a percentage applied by the judge.
In Florida, auto accident injuries are covered under no-fault accident laws. The victim must file an insurance claim through their own insurance provider first. However, if their injuries are classified as serious, a lawsuit is possible. Victims who need the help of Auto Accident Attorneys in Hollywood FL can contact the Law Offices of McCullough & Leboff P.A. right now.