STATUTE OF LIMITATIONS AUTO ACCIDENT CLAIMS
To start with, Florida limits the amount of time allowing you to pursue compensation with its statute of limitations. So, if a negligent party injures you or a loved one in an auto accident you need to protect your rights. Particularly, you need to know which statute of limitations applies to your case.
In all honesty, this will allow you to take the correct steps in recovering damages. Hence, you will need an auto accident attorney. Because a Tampa auto accident attorney understands the laws. And, they can prepare your claim in a timely manner, so you don’t get burned by the statute of limitations.
Defining Statutes of Limitations
Thus, Cornell Law School defines statutes of limitations as any law that prohibits claims after a given time limit. In addition, these limitations vary from state to state. As well as, they exist in both civil actions and criminal offenses. In fact, Florida has statutes of limitations for several different laws.
So that, statutes of limitations protect the legal rights of all parties. As a matter of fact, in auto accident cases it helps to preserve evidence and witness testimony. Because over time the quality of evidence and witness testimonies deteriorate. With this in mind, it is important to have a car accident lawyer review your case as soon as possible.
Florida Auto Accident Deadlines
In many cases, Florida law allows accident victims 4-YEARS to file a civil lawsuit after the date they were injured in an auto accident. Many people believe that they are only allowed 14-DAYS to preserve their claim—THIS IS SIMPLY NOT TRUE. PLEASE KNOW YOUR RIGHTS.
Auto, Truck & Motorcycle Accident Statute of Limitations
About, the statute of limitations of car, motorcycle, and trucking accident victims. Consequently, have 4-years from the day of the accident to file a suit. Additionally, if you wait for 4-years to file a court will refuse to hear your case. Unless your case has circumstances that justify them granting an exception.
Wrongful Death Statute of Limitations
As for, the statute of limitations for wrongful death the surviving members of the family only have 2-years to file a lawsuit. In fact, this time limit applies to all forms of accidental deaths. Including, deaths from fatal automobile, motorcycle, and trucking accidents. So, you lose a loved one due to a negligent driver talk to an attorney who understands Florida’s wrongful death laws.
Auto Accident Statutes of Limitation Extensions
Despite, Florida law having deadlines for filing a lawsuit after an accident there are exceptions. For example, here are the most common exceptions the court makes for extending the statute of limitations:
- Defendant Availability in a Claim – Considering, when you file a lawsuit they serve the negligent party papers. So, if they leave the state the court will pause the time limit until they return to the state. Likewise, if the negligent party goes into hiding.
- False Identity of Negligent Driver – Also, if the negligent party gives a false identity the court will extend the limitations. So that, they can find the person.
- Catastrophic Injuries – Actually, Florida law will allow the victim 7-years from the date of the accident. But, only if they suffer catastrophic injuries that prevent them from filing.
- Delayed Discovery – Incidentally, injuries can take days or weeks to show up. So, the statute of limitations doesn’t begin until they identify the injuries. For example, a traumatic brain injury (TBI) symptoms take weeks or months to show.
- Injured Dependents – For instance, minors will need a guardian or caregiver to file a personal injury lawsuit for them. As well as, a mentally challenged individual. In fact, the court will sometimes extend the statute of limitations until the minor turns 18. Similarly, the court will extend the limitations for mentally challenged individuals. Particularly, until someone can file a lawsuit for them.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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ECONOMIC AND NON-ECONOMIC DAMAGES
To begin with, even the safest drivers can get in an auto accident. And, if you suffer injuries in an accident it is best to know your rights to compensation. So, there are two forms of basic compensation, economic and non-economic damages.
Incidentally, a personal injury case could involve both economic and non-economic damages. Especially, when trying to determine the total amount of damages from the accident. At any rate, for additional info on compensation eligibility, contact a Tampa auto accident attorney.
Economic Damages
First, economic damages compensate the injured for tangible expenses after a car crash. In fact, economic damages can reimburse you for any out of pocket expenses from the accident. Not to mention, they also include the following:
- Lost wages
- Past and future medical expenses
- Lost business opportunities
- Cost to repair or replace damaged property
Typically, most of the damages awarded in personal injury claims come from medical expenses. Furthermore, these cases usually require an expert witness to testify. Particularly, with wrongful death cases. Because they can help prove economic damages. As well as, they help with proving liability.
Unfortunately, each personal injury case is different. Thus, some cases can’t receive compensation for economic damages. Because in some cases the victim shares fault in the accident, due to comparative negligence.
Non-Economic Damages
Next, you can receive non-economic damages. Subsequently, with non-economic damages, you cannot measure compensation from tangible expenses. Instead, they include damages for non-monetary losses. For example, non-economic damages include the following:
- Pain and suffering (emotional and physical)
- Emotional distress
- Loss of consortium (companionship)
- Permanent disfigurement
- Damaged reputation
- Depression
Regrettably, these losses are more difficult to prove. Nonetheless, do not ignore these losses. Additionally, the driver’s PIP insurance could limit your compensation. Because Florida does not require drivers to carry additional insurance. So, the policy will limit recovering losses for non-economic damages.
Punitive Damages
Although economic and non-economic damages are more common, you could receive punitive damages in a personal injury case. But, not all auto injury settlements will include punitive damages. Additionally, judges award punitive damages to punish the gross negligence of the defendant. Some punitive damages awarded are:
- Court reporter fees
- Costs of exhibits
- Reproduction fee
- Fees charged by legal experts
- Miscellaneous expenses
Currently, the state of Florida does not limit compensatory damages compensation. Yet, there are limits to punitive damages to keep damages from becoming excessive. Punitive damages may not exceed three times the amount of compensatory damages awarded. Or, $500,000 whichever is greater.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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SUBROGATION AND INJURY SETTLEMENTS
First of all, the legal system has many obscure terms. But most people don’t hear these terms unless they study law. Or, they find themselves in a legal situation that requires them to know the term. Unfortunately, one of these terms is Subrogation.
In fact, if you file a personal injury claim you might hear this term. Either, while dealing with the other driver’s insurance company or yours. In either case, here is what you should know about subrogation and your personal injury settlement.
Defining Subrogation
Specifically, Merriam-Webster says subrogation is “the assumption by a third party (such as a second creditor or an insurance company) of another’s legal right to collect a debt or damages.” In other words, it is when insurance attempts to collect reimbursement from the at-fault party or insurance company. But only if they paid benefits to the injured person during an injury claim.
Understanding Subrogation
First, the subrogation process is somewhat confusing. Yet, it is a fundamental component of a personal injury claim. Moreover, insurance companies in Florida have the right to subrogate the at-fault driver’s insurance and the driver. So, the insurance carrier or the UM insurer can recover the money they paid because of the at-fault driver.
For example, say the other driver does not have enough coverage to pay damages. Then, you can use your uninsured/underinsured (UM/UIM) coverage to cover some of the expenses. Eventually, your claim settles with the other driver. Given that, the case settled the UM/UIM insurer can now pursue subrogation.
More importantly, Florida law states the UM/UIM insurer can’t recover more than they paid to you. As well as, it doesn’t allow you to “double-dip” or receive damages twice from the at-fault party. Yet, it does allow you to recover any deductibles you paid to your insurers.
Who Has Rights To Subrogation?
Incidentally, your insurance company and UM/UIM insurer are not the only parties allowed to pursue subrogation. In fact, subrogation allows other entities a legal claim against settlement money from the at-fault party. For example, these entities include:
- Medicaid
- Medicare
- Health Insurance Companies
- Workers’ compensation
- Veterans Administration
Additionally, most state assistance programs can legally pursue reimbursement with a subrogation claim. Because all the different parties allowed subrogation these claims can become complicated quickly. So, if suffered injuries in a car crash talk to a Tampa auto accident attorney.
UM Insurer Waiver
Actually, your insurance or UM/UIM insurer can choose to waive their right to subrogation. As a matter of fact, the at-fault driver usually requests the waiver when they want a quick settlement. Yet, it is important to note the insurance company has 30 days to waive its right to subrogation or keep it. So, if they waive their right you can finalize your settlement. But if they don’t waive their right you could recover your deductible.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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IMPROPER PASSING IN FLORIDA
To begin with, improper passing charges fall under Florida Statutes 316.083 and 316.085. In fact, impatient driving is the leading cause of most improper passing tickets. Because most impatient drivers do not follow the proper protocol when changing lanes.
In all honesty, if you drive you will pass another driver. But, when can you pass that car legally? Typically, you can pass on the left if you do not endanger other drivers. Unfortunately, passing on the right is not the same.
Three Types of Improper Passing
Considering, passing on the right is the most common improper passing citation. Actually, there are three ways a driver can receive a ticket for improper passing. Notably, these include the following:
- Passing on the Right – This usually occurs on a four-lane road when a vehicle is traveling too slowly in the left lane. Both vehicles are in violation of the law under these circumstances.
- Blind Passing – This occurs on curves or hills when passing in the oncoming traffic lane. And, the passing driver can’t see on-coming traffic at a safe distance.
- Dangerous Passing – This offense involves cutting another vehicle off after making a pass. At one time or another, we’ve all gotten cut off by another driver.
Avoid an Improper Passing Ticket
Despite, passing on the right being illegal Florida has exceptions to the rule. Furthermore, the law accepts these exceptions as safe driving tactics. Thus, the exceptions for passing on the right include.
- Car Making a left turn – So, if the car in front of you makes a left turn you can pass on the right. But, you must use a legal lane on the right, and you cannot cut off on-coming traffic.
- Passing Slower Traffic on Right – Additionally, you can pass on the right while driving a busy road or highway with two or more lanes of traffic. In the same way, passing a car making a left you can use the right lane of the highway. As long as, the left lane has traffic, you don’t obstruct on-coming traffic, and you do not cause an accident.
- One-Way Street Passing on Right – Also, it is legal to pass on a one-way road that has more than one lane. Still, you can only pass when it is safe to pass without speeding or causing an accident.
Proper Ways To Pass
Granted, passing other cars is dangerous. Especially, on two-lane roads and during the late hours of the night. All in all, there are proper ways to pass or overtake while driving. In fact, Florida statute 316.083 outlines how a drive can pass another legally. Hence, we listed some techniques for passing safely.
- Use Your Signal – First, you should always use your directional signal to or show your lane change. But, if your signal does not work you can use proper hand signals.
- Passing on Left – Second, when passing on the left you must make sure it is safe to pass. Then, once safe use your signal to enter the left lane. After you have safely passed the other car then you use your directional signal to reenter the lane.
- Passing Bicycles – Third, you must give a 3-foot radius around a cyclist when passing. As well as, following other safe practices. Like, using your signal, don’t cut off traffic, and give yourself an ample amount of time to pass.
- Give Way to Passing Cars – By the same token, when a car wants to pass or overtake your car you should give way. Thus, you should use your directional signal to move to the right lane making sure you do not obstruct on-coming traffic. Yet, you do not need to give way to a passing vehicle when it is legal to pass on the right.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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MINOR ACCIDENTS AND INSURANCE COMPANIES
To start with, virtually all insurance companies say you need to report all accidents. Yet, some people think with a minor accident like a fender bender they do not need to. And, they may try to work things out amongst themselves.
Yet, this is not a good idea. Because even minor injuries can worsen over time. Plus, in some cases, injuries take days or weeks to manifest. So, you need to report all accidents, or you could regret it later.
Thus, you should take the same steps after a minor accident as you would with a major accident. Which includes letting the insurance company know about the accident. As well as, protecting your rights and wellbeing. And, if you need help through this process contact an auto accident attorney.
WHY Report a Minor Accident
First, reporting a minor accident and filing a claim is completely different. Specifically, when you report a crash you only notify your insurance an accident occurred. And, if you file a claim you want to receive coverage for injuries or damage to property. So, it is important to report a crash in a timely manner. For example, here are three reasons you should report the accident.
- Insurance Agreement – As a matter of fact, an insurance agreement is a contract between you and the insurance company. Thus, you must follow all terms contained within the agreement. So, if you don’t follow these terms, they can deny coverage of your claim.
- Vehicle Repairs – Additionally, when it comes to getting your car repaired you could file with other driver’s insurance. But they could dispute your claim causing a delay in getting your vehicle fixed. So, in cases like this, you need to use your insurance policy. Though, if you did not report the accident in a timely manner, they can deny coverage.
- Making a Claim – Even though, the other driver has insurance or says they have insurance you need to report the crash to your insurance company. As you might learn they do not have sufficient coverage, or worse a canceled policy. So, if you reported the accident to your insurance company you can file a claim. And, if you have underinsured or uninsured insurance coverage you can use this coverage.
When To Report the Accident
Next, you will not need to call your insurance company from the accident site. But you should call and let them know about the accident in a timely manner. Especially, because some policies state a specific timeframe around reporting accidents. In fact, many policies state you need to report the accident within 72 hours.
Incidentally, you may not be able to meet this timeframe. For instance, you suffered serious injuries or became incapacitated. Either way, you will still need to notify your insurance company, just contact them as soon as you can.
What to Do After a Minor Accident
Finally, you should protect yourself after an auto accident. As a matter of fact, most people don’t know what to do after an accident. Thus, these tips can help anyone involved in an auto accident.
- Stop and Check for Injuries – In all honesty, you should never leave an accident. Because they will charge you with a crime. Instead, check yourself and passengers for injuries. Then, check on the other driver if possible. But, if you have injuries call 911 and don’t move.
- Get to Safety – Next, if your car is drivable move it the side of the road out of traffic. Additionally, if you cannot drive the car, put on your hazard signals and you move to the side of the road.
- Call the Police – Always call the police when in an auto accident. They will file an accident report. More importantly, you will need this report when you file your claim.
- Exchange Information – Even though they do not have insurance, you will need their contact and vehicle details. Furthermore, you should get the contact information from any witnesses.
- Document the Details – You will need to write down the other driver’s vehicle information, time and location of the accident, and the officer’s name with a badge number. Also, try to document any details that may help when you file your claim.
- Take Pictures – Additionally, take pictures of the accident scene. Include photos of the damage to each car, the license plate of the other driver, and traffic signs.
- Report to Insurance Company – As I have said, it is important to report a crash as soon as possible. Besides, reporting the accident keeps you from breaking the terms of your policy. Not to mention, you need to let them know so you can use your MedPay coverage. Because MedPay requires you to submit all medical bills through the insurance company.
- Contact an Auto Accident Attorney – Actually, it is a good idea to consult with an attorney after an accident. Because an auto accident attorney can use their knowledge of relevant laws to help protect your rights. As well as, handling all the paperwork and filing deadlines. Thus, allowing you to focus on recovering and getting your life back to normal.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
Read More