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Waiting too long to file accident claims

On Behalf of | Jun 6, 2022 | Car Accident

Anyone may become a car accident victim without warning. Drivers, passengers, bicyclists, and pedestrians are at risk due to the prevalence of negligent drivers. Victims could suffer severe injuries but may not visit a doctor immediately. Others could wait an extended time before filing a personal injury lawsuit in a Florida court, but both decisions may prove regrettable.

Moving forward with post-accident steps

Not every accident leaves victims with apparent injuries. So, victims might not visit an emergency room because they assume they are fine. Others may feel that something is not right, but fears of visiting the doctor could keep them from undergoing an examination. Such steps may result in tragedy since victims might suffer from life-altering or threatening injuries and not know it. Sometimes, symptoms manifest later, and seeking treatment right away may be advisable. Again, waiting too long to see a doctor might have consequences.

Additionally, any litigation focused on motor vehicle accidents would require evidence of injuries and losses. Medical records provide evidence of harm and related billing documents establish financial losses.

Legal issues of concern

Anyone waiting too long to file a lawsuit might be barred, regardless of the evidence or seriousness of the injuries. In the state of Florida, the statute of limitations for personal injury claims is four years from the date of the accident. That said, there might be instances where the statute of limitation may be tolled. For example, if the defendant is absent from the state or uses a false identity to avoid being served, the statute of limitations might not apply.

Insurance companies might have rules that place requirements on filing claims. Often, an insurance policy provides the only way an accident victim can recover money. Not all negligent drivers have a substantial net worth to cover losses. Waiting too long may cause issues with procuring insurance settlements, and victims might wish to avoid such scenarios.