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Long, Jean & Wechsler, P.A.

Long, Jean & Wechsler, P.A.

Personal Injury Attorneys in Pompano Beach Florida

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  • Legal Team
    • Lyle R. Long, Esq.
    • Alex Jean, Esq.
    • Ryan Wechsler, Esq.
    • Len Blumenthal, Esq
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  • Contact Our Personal Injury Law Firm in Pompano Beach, Florida
  • Home
  • Areas of Practice
    • Animal Attacks
    • Boating Accidents
    • Car Accidents
    • Elder Abuse & Nursing Home Neglect
    • Medical Malpractice
    • Motorcycle Accident Lawyers in Pompano Beach
    • Pompano Beach Product Liability Lawyers
    • Slip & Fall Accidents
    • Truck Accidents
    • Workers’ Compensation
    • Wrongful Death Lawyers in Pompano Beach
  • Legal Team
    • Lyle R. Long, Esq.
    • Alex Jean, Esq.
    • Ryan Wechsler, Esq.
    • Len Blumenthal, Esq
  • Case Results
  • Pompano Beach Law Firm Testimonials
  • Blog
  • Contact Our Personal Injury Law Firm in Pompano Beach, Florida

How Long Should I Wait to File a Claim After a Car Accident?

March 27, 2021 by Lyle Long

A car accident, no matter how minor, is a traumatic experience that leaves you shaken. Immediately after the accident, the shock may make it difficult to know what to do next. Often, the initial shock can mask serious injuries that seem like minor ones. Even if you think your injuries are minor, it is important to seek medical treatment immediately.

As you begin to recover, you may find you need more care than you realized you would, and your medical bills and lost wages may begin to add up to a significant sum. If this sounds like your situation, contact a lawyer for car accident injury to help you get the compensation your deserve.

Statute of Limitations for a Car Accident Injury Claim

As you begin to investigate whether or not you want to file a car accident injury claim, you may come across Florida’s car accident statute of limitations. If you are not familiar with legal terms, you may wonder what this means. Or, you may have heard the term before but not realized it also applies to car accidents.

A statute of limitations is a law set by the state that limits how long after a car accident you can claim injury or damages by filing a lawsuit. Each state has its own statute of limitations or number of years you have to file. The statute of limitations also takes into consideration the kind of loss or harm that you suffered. In Florida, the length of the statute of limitations in a car accident depends on whether the accident resulted in injury or death.

The four-year statute of limitations applied to personal injury cases such as:

  • Car drivers, including uninsured motorists
  • Truck drivers
  • Drivers using a rental car
  • Lyft or Uber drivers

If the crash resulted in an injury, your suit must be filed within four years of the accident’s date. The same statute of limitations applies to a lawsuit over damage to or loss of your vehicle. But if someone died in the accident and their family wants to file a wrongful death lawsuit, they have two years from the date of a person’s death to file their case.

These dates are important because the court will most likely refuse to consider your case if you miss your filing date.

What Is the Statute of Repose in Florida?

In addition to the statute of limitations, the statute of repose also puts a time limit on how long after an accident you have to claim injury. This statute favors the defendant by putting a definite limit on how long you have to take legal action. A statute of repose may set the clock on how long you have to file your case prior to the accident.

In Florida, a statute of repose generally doesn’t apply to car accident claims. The exception to this is when a product liability claim is part of the car accident claim. This is because, in Florida, defective product claims are subject to both the statute of limitations and the statute of repose.

Here is where the time limit gets a little tricky. In Florida, you may not sue for product liability, even wrongful death, if the damages were caused by a product that has an expected useful life of 10 years or less if the injury happened over 12 years after the product was delivered to its first purchaser. That means if the product was 13-years old and it caused an injury, the injured party cannot sue, even if that product was defective in a way that caused the accident.

In addition, the statute of repose also states that the first purchaser must not have been leasing or selling the defective product as a component part. This provision prevents car manufacturers from suing car parts companies if the parts they supplied were defective.

Extension for Personal Injury Claim?

As mentioned, if you miss the deadline for filing a personal injury lawsuit set by the statute of limitations, the chances of your suit going forward are slim. However, in a few rare exceptions, you may be able to apply for an extension to the deadline.

Florida statute outlines several scenarios that might delay or stop the statute of limitations clock after it has started. In these scenarios, you may see an extension beyond the four-year deadline for filing a personal injury lawsuit.

Below are some examples of when the court may agree to extend the timeline for filing beyond the standard four years for filing a personal injury lawsuit.

  • The injured person has been declared legally incapacitated when the accident occurred. For instance, if the injured person was subject to a permanent or temporary mental illness, they may be granted an extension. However, this extension is not open-ended, the lawsuit must be filed within seven years of the accident.
  • The person who allegedly caused the accident that injured you has left the state of Florida after the accident occurred and before your lawyer could file the lawsuit.
  • The defendant took steps to hide in the state of Florida and changed their identity or name to prevent the lawsuit and summons from being served.

This is not a complete list, but they are the most common reasons. Talk to a personal injury lawyer for more details of other exceptions to Florida’s statute of limitations.

Even if you are already in settlement talks with the insurance company of the driver who caused the accident in which you were injured, and you don’t think you will be filing a lawsuit to be compensated for your injury and lost wages, it’s important to be aware of the statute of limitations for your case.

If you delay, for whatever reason, in getting the insurance claim process started immediately after your accident, four years can creep up on you. You may not think your injuries are that bad and don’t think you need to file a claim. However, car accident injuries often worsen over time, so you should speak to a lawyer as soon as possible so you don’t miss this important deadline.

Or, if the other side drags their heels, you can use the suit as leverage to hurry them along, and if needed, file your suit in time. You always want to keep the option of taking your case to court open.

When to Contact a Car Accident Lawyer

The best time to contact a car accident lawyer is as soon as possible after your accident, and after you’ve sought medical care. Don’t put off seeking medical care, as your delay could affect your case. If you have questions about the statute of limitations and how it may apply to your situation, it’s time to speak with an attorney. Especially if you have, or think you may have, already missed the deadline, or it is fast approaching. Don’t delay, contact LJW Legal right away. Our experienced team will fight aggressively and work tirelessly to get you the settlement you deserve.

CONTACT OUR LEGAL TEAM

Category: Personal InjuryTag: car accident
Previous Post:Florida Causes of Action in a Personal Injury Claim
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Address:

1937 E. Atlantic Blvd. Suite 205
Pompano Beach, FL 33060


Phone & Fax:

P: 954-597-6770
F: 954-691-3906


Email:

info@ljwlegal.com

Long, Jean & Wechsler, P.A.
Long, Jean & Wechsler, P.A.
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arletty fernandezarletty fernandez
21:24 13 Nov 22
Ryan and Helen were very thorough and diligent with my case. This was my first time having to hire for this type of service and am honestly thrilled to have been referred to such a diligent, efficient and caring team. They made sure to stay in touch and keep me updated all throughout my case. HIGHLY RECOMMEND. Thank you all for your excellent care.
Florane FleurinorFlorane Fleurinor
14:52 03 Oct 22
Very good, professional and responsible lawyer. His office was in contact with me every time they had new information. Step by step Mr. Alex Jean would explain to me what is going on with my case. I didn’t have to wait for years for results. So far from what I hear from other people about their cases Mr. Alex Jean is the best. And I will reference my family and friends you and thank you so much
alexis Johnsonalexis Johnson
20:35 13 Sep 22
Ryan Wechsler is by far one of the best lawyers around. He gave me the assurance that everything was going to be okay. He is a very professional, respectful, knowledgeable, enthusiastic, and an honest lawyer. His entire team (Daniela & Helen) was amazing. Very pleasant and kept me up to date every step of the way during my case. Ryan fought hard for me! I’m very thankful for all of his hard work and everyone at Long, Jean & Wechsler. If you’re ever in need of a great legal team give them a call.
Saif PowerSaif Power
14:59 30 Aug 22
Lyle was a pleasure to work with, he delivered on his promises. He was very prompt with his responses and very helpful when we first touched base. I’d definitely take him again on any relevant case.
Luiz CentLuiz Cent
02:15 13 Jul 22
I hired Alex Jean for a personal injury case and little did I know I was going to get world class treatment.I was referred to the best Chiropractors in Miami and then when I moved to St.Pete the LJW team had great connections there too.My Tesla is as good as new, my back is recovering and not to mention the settlement from the insurance. If I didn’t hire them I’d still be trying to recover money from insurance to fix my car.⭐️⭐️⭐️⭐️⭐️ If you need a personal injury attorney I 100% recommend Alex Jean and the team at LJW.
Princess Maryam Abdul-AkbarPrincess Maryam Abdul-Akbar
16:29 07 Jul 22
Ryan Wechsler is an excellent attorney. He worked tirelessly on my case, which was a difficult one to begin with. When other attorneys were given me issues to take my case, he was the only one that was reassuring and determine to seek justice for me. I completely trusted his counsel. Had it not been for Mr. Wechsler I would have accumulated a lot of debt. I am forever grateful that he accepted my case.
Angelina AkkadAngelina Akkad
12:47 30 Jun 22
Ryan and the team are absolute rock stars! I got a recommendation from a good friend to use them, and I was not disappointed. They solved my issue with one strong letter and avoided a bad situation and lots of time and $$$ saved. I will definitely be using them again if the need ever arises.
Micheca AristildeMicheca Aristilde
19:46 08 Jun 22
Very good firm. I had an unusual case. A crane dropped on my car the week of Christmas. Considering the fact my accident occurred during the holiday season, Lyle and his paralegal, Helen, ensured that I received treatment the same day, got a rental, and even settled my case in less than 6 months.They were extremely polite, communicative, and on top of everything. I highly recommend reaching out to them for great legal representation.
GatorGator
19:20 08 Jun 22
Worked with Ryan and he helped me navigate the process of our law suit. Was in great communication throughout the process. 5 stars
Patrícia OsorioPatrícia Osorio
02:16 08 Jun 22
We had a great experience with Lyle and their team. The communication worked great, they had the patience to explain all the details to us and were responsive to our questions. We got a great settlement.
Perry CrawfordPerry Crawford
18:55 15 Apr 22
Lyle and his law group conducted themselves professionally and were very caring and concerned about my injury. My recovery was foremost on their minds.He fought for me relentlessly and got me what I truly deserved. His confidence and tenacity won the case decisively.Thanks Lyle.
Andrea ChlimperAndrea Chlimper
17:18 15 Apr 22
I highly recommend Lyle Long and his firm. Additional to a very very good settlement amount, Lyle and his staff were a pleasure to work with. Lyle walked me through the entire process from the moment I contacted him regarding my automobile accident. They were excellent with communication, returning my calls/emails and keeping me informed with updates and progress. Unfortunately, this is my 2nd time hiring his firm. My first experience was that positive that I never thought about hiring another firm to handle my legal matter.
TT
20:04 28 Mar 22
I highly recommend using this law firm. They’re super friendly, super helpful and very very professional. They had everything under control and dotted all the i’s and crossed all the t’s. I couldn’t be more happy with there service!!!
Viral-_-buildzViral-_-buildz
18:44 01 Feb 22
I got Into an accident 8/13/2021. A friend of mine told me to contact Ryan, I reached out to him the day after my accident ( which happened to be a weekend day ) and he immediately got right on the case. He was very helpful and I was literally able to reach out to him by phone or text any day and any time. He is always available. He set me up for all of my medical treatment and made sure I understood the whole entire process. He’s a great lawyer and is really on your side. My case was resolved in 4 months and my settlement was way more than I expected. I couldn’t be more thankful for him and his staff. They are excellent.Thank you Ryan,Latia J
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