Florida is known as a no-fault state, which means that if you are involved
in an accident or were hurt, you would file a claim under your own insurance.
In states that do relegate fault to one or another party, typically one
would file a claim under the at-fault’s party insurance.
Another important part about Florida’s
injury laws is that claimants have up to 4 years from the date of their injuries
to file a lawsuit to recover compensation. Across the board, you may finds
that many states do not allow this much time to pass, and there is a reason why.
Understanding the Statute of Limitations
The time limits for filing a claim are called the statute of limitations.
If you were to try to litigate against the other party on any time after
the deadline has run out, you may miss out. Judges tend to be less sympathetic
once the statute has run out, and thus, may not be inclined to rule in
your favor. This law was brought up so that claimants will not try to
take advantage of the legal system by making claims for incidents that
happened years prior, when the evidence is no longer fresh.
You may be entitled to recover the following under your insurance claim:
- Costs of your medical care and treatment
- Rehabilitation and/or therapy costs
- Travel expenses to and from the hospital
- Pain and suffering
- Lost income and future earning potential
The claims process can also be somewhat lengthy. For example, you will
want to make sure that you all of your injuries are fully healed by the
time you go to make your claim. That way, you can make sure that you all
of your medical bills are sufficiently tallied up and that you are claiming
the proper amount of compensation and you are not stuck with a low-ball
In addition to offering too little, note that insurance companies may sometimes
drag their feet when making their decisions. Having a Clearwater personal
injury lawyer in your corner, though, can make a huge difference in getting
your claims carried out and completed.
If you were injured in an accident, do not hesitate to
contact Roman & Gaynor. Having recovered millions of dollars for clients in the past, we know
we can help you as well.