How Long After A Pedestrian Accident Do I Have To File a Claim?

How Long After A Pedestrian Accident Do I Have To File a Claim-img

Going through the aftermath of a pedestrian accident can be overwhelming. You may find yourself grappling with injuries, medical bills, and the stress of how this incident will impact your life moving forward. Here at the Law Office of The Dash Cam Lawyer™ in Florida, we understand the complexities of these situations. It’s natural to have questions, especially about the critical matter of timing when filing a claim. Let’s dive into this important topic together, clarifying things and avoiding confusing legal jargon.

Understanding the Statute of Limitations in Florida

First things first, let’s talk about the statute of limitations. This legal term sounds formal, but it simply refers to the deadline for filing a lawsuit in court. In Florida, the statute of limitations for personal injury cases, such as pedestrian accidents, is now two years from the accident date. This timeframe is crucial because the laws recently changed in March of 2023 shortening your time, so if you miss this deadline, you could lose your right to seek compensation for your injuries and losses.

Impact on Filing a Claim

When considering how long after a pedestrian accident you have to file a claim, the modified comparative negligence rule adds an additional layer of complexity to your case. The statute of limitations in Florida gives you two years from the date of the accident to initiate a lawsuit. Within this period, it’s not only essential to file your claim in time but also to understand how your percentage of fault could affect the outcome of your case.

Why Timing Matters

  • Evidence Gathering: Early in the process, evidence to prove the other party’s negligence and your level of fault (if any) is more readily available. Photos, surveillance videos, witness statements, and police reports can help establish the facts before they are lost or memories fade.
  • Legal Strategy: Understanding your potential fault percentage early allows your attorney to devise a strategy that accurately addresses your situation within the modified comparative negligence framework. It could influence how you negotiate with insurance companies or prepare for court.
  • Settlement Negotiations: Knowing where you stand in terms of fault can impact settlement discussions. If your fault is 50% or below, you can still pursue compensation, but the amount may be adjusted based on your fault percentage.

Modified Comparative Negligence 

Under the modified comparative negligence rule, the compensation you can receive for an accident is reduced by your percentage of fault. However, if you are found to be more than 50% at fault for the accident, you are barred from recovering any compensation from the other party. This means that your ability to file a successful claim depends not only on the timing but also on establishing that your level of fault does not exceed this critical threshold.

Steps to Take Following a Pedestrian Accident

If you or a loved one are involved in a pedestrian accident, here are some immediate steps to consider:

  • Seek Medical Care: Your health is the priority. Prompt medical attention is also crucial for documenting your injuries.
  • Report the Accident: Ensure the incident is reported to the police. A police report provides an official record of the accident.
  • Document Everything: Take photos of the accident scene, your injuries, and any relevant details. Also get the contact information of any and all witnesses. Keep a diary of your recovery and any related expenses.
  • Avoid Quick Settlements: Be cautious of early settlement offers from insurance companies. Consult with a lawyer to ensure you’re receiving fair compensation.

Contact an Experienced Florida Personal Injury Lawyer

Understanding the timeframe for filing a claim after a pedestrian accident in Florida is critical to protecting your rights and securing the compensation you deserve. The Law Office of The Dash Cam Lawyer™ is here to help guide you through this process with empathy and experience. Remember, acting swiftly can make a significant difference in the outcome of your case.

If you need assistance or have questions about a pedestrian accident claim, contact us at 561-533-7800 or online for a free consultation. Let the experienced team at The Dash Cam Lawyer® support you in seeking justice and compensation. Together, we can work towards a resolution that allows you to focus on healing and moving forward.

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    Belle Glade, FL 33430

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