Palm Coast Injury Law Blog

 I got a call this week from a woman who had been in a car accident two years ago.  She just started seeing a doctor for her injuries, and wanted to know if it was too late to do anything.  This was a good question.  I see people who for some reason or another  wait for a long time to see a doctor and a lawyer.

First, let me tell you the good news.   Florida has a 4 year statute of limitations for negligence cases which applies in motor vehicle accidents.  Different states have shorter statutes so if the accident happened out of Florida it may be a good idea to check with a lawyer from that state.  The statute of limitations means the Complaint  must be officially filed with the Clerk of Court before the 4th anniversary of the accident or it will be barred.  All potential defendants must be named at that time or they will be off the legal hook. There is a 2 year period for negligence claims against doctors and other professionals.

Now the bad news.  By waiting to start medical treatment and report her claim via a Personal Injury lawyer, the injured person creates a defense: the defendant will probably defend on the basis that some other incident is the true, likely cause of the injury.  This is called Proximate Cause.  It is the legal link between the accident and the damages.  This concept means the Plaintiff must show the cause and effect tie between the accident and the injuries.  Medical records can help supply the documentation for an injury.  Like Emergency Room records, like the doctors'  office notes, and pharmacy records.  

If the case involves a phantom driver who caused the accident and then disappeared, most UM (uninsured motorists) insurance policies require their insured to report the claim within 30 days.

I have experience handling these types of cases.  I strongly recommend that you protect your legal rights by seeing a doctor and a Personal Injury attorney soon after the accident.