Car Accidents, Slip/Trip and Fall, and Other Claims, in Miami and Throughout Florida and the Time Available To Bring An Action

As the title suggests here, we are going to discuss the time limits involved one has as it pertains to certain claims. The term attorneys and lawyers use when referring to time limits in which to file a claim is the statute of limitations. In Florida different types of actions have different statute of limitations. As Miami Car Accident attorneys we are keenly aware of these limitations.

In Florida, Annotated Statute 95.11. Claims for injuries related to car accidents and slip and falls in Fort Lauderdale and throughout Florida fall under the category of Negligence. As it pertains to negligence, the relevant statute states in part: “(3) WITHIN FOUR YEARS.— (a) An action founded on negligence.”  Therefore, an actions for a car accident or slip/trip and fall cannot be had outside of this four year parameter.

However, the statute of limitations deserves more analysis. The reason being, that an injury resulting from negligence should not be treated as if a victim had four years to deal with it. In other words, the statute of limitations for a negligence claim is one thing, and what is a reasonable time in which to treat an injury medically is quite another. Although the statute of limitations in Florida for injuries resulting from negligence is four years, it goes without saying that an injury should be treated and documented within a reasonable time.

A lapse in the time between the accident and treatment of an injury may lead to difficulties in proving causation. This means that it is quite difficult to show that injuries resulted from an accident, if treatment does not take place relatively soon after the accident. For example, if a victim treats a year after an accident, then it would be quite difficult to show that the injury resulted from the accident. Certainly, it is quite hard to believe that a person who has been injured waited a year to treat.

Another matter that should be taken into account (when it comes to car accident claims in Florida) is that if one is using his PIP insurance benefits, then the victim need treat within fourteen (14) days to have access to the full $10,000.00 benefit. If the victim does not treat within fourteen (14) days, then the coverage may be limited to $2,500.00.  Of course, it is not uncommon for a victim to disregard symptoms after an accident. Certainly, some victims have a wait and see attitude. In other instances, a victims may be too busy to seek treatment. Indeed, in many instances victims are worried about jeopardizing their job. Nonetheless, it is wise to seek treatment soon after an accident, if one experiences pain or any other symptoms that may be related to a negligent act.

Another Statute of Limitations that should be mentioned pertains to that issues relating to contracts. In our previous blogs we talk of Homeowners Insurance Claims. As Homeowners Insurance Attorneys in Miami we are well aware that the statute of limitations relating this claims is five (5) years. Florida Annotated Statute 95.11 states in part; “(2) WITHIN FIVE YEARS. (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument…”

Again, like a negligence matter, it is also wise to document damages as soon as possible. Furthermore, as noted in a previous blog, there are certain post loss conditions that may be relevant. Many homeowner’s require prompt notice of a claim or incident.  The premise here, is that when an accident or loss occurs it is best to document address injuries or damages as soon as possible. Failure to do, may be result in difficulties showing that specific injuries or damages resulted from the underlying incident or accident.

The DRG Firm is here to help with your claim. Miami Accident lawyers are available to assist you. Please do not hesitate to reach out at 1.888.413.8353.