You may be entitled to compensation if injured in an accident caused by someone else’s fault. Even so, you must initiate a personal injury claim or lawsuit within the prescribed legal timelines, including the statute of limitations.
The statute of limitations gives an injured victim a timeline to pursue compensation from the at-fault party. The standard statute of limitations for personal injury claims in Florida is two years from the accident date. You can lose your right to compensation if you initiate a compensation claim beyond the two-year deadline. You should, therefore, work with a legal professional to understand these deadlines and protect your rights.
Our Fort Lauderdale, FL personal injury attorneys at Englander Peebles understand the applicable deadlines after an accident and will work to make timely submissions that protect your right to compensation.
Exceptions to the Florida Statute of Limitations in Personal Injury
You should also understand the exceptions to the statute of limitations to protect your rights as an injured victim. These exceptions can sometimes extend or pause the time limit within which you can file a claim for compensation for your injuries.
Here are the exceptions to the Florida personal injury statute of limitations:
Discovery Rule
One important exception is the “discovery rule,” which applies in cases where the injury is not immediately apparent. In such situations, the statute of limitations may begin when the injury is discovered or should have been discovered through reasonable diligence.
For example, if you were involved in a car accident and only later found out that your back pain was due to a spinal injury from the crash, the statute of limitations may start from the date of diagnosis rather than the date of the accident.
Minors
Another exception to be aware of is the tolling of the statute of limitations for minors. In cases involving minors, the statute of limitations stops running until the child reaches the age of majority.
As a result, the time limit to file a claim does not begin until the child turns 18 years old. If your child sustains an injury in an accident, they may have additional time beyond the standard statute of limitations to initiate a personal injury claim.
Claims Against Government Employee or Department
Suppose someone becomes injured in an accident due to the negligence of a government official or department. In that case, the victim must notify the agency about the claim in writing within three years from the date of the injury.
The injured victim should not initiate a lawsuit until after 180 days of investigation after the notice, unless the agency formally denies the claim.
Why Choose Us
Your chances of recovering from an injury depend on the settlement value you receive from your claim. You can enhance the chances of a positive outcome in your claim by working with our personal injury lawyer.
Here are a few reasons to work with us:
- Highly Experienced: Our personal injury attorneys have years of experience pursuing compensation for injured victims. We have secured over $10 million in settlement fees for injured victims, which gives us the confidence to take your case.
- Location: We are conveniently located at 2122 W Cypress Creek Rd, Suite 206, Fort Lauderdale, FL 33309.
Most importantly, you can count on our personal injury lawyers to initiate a lawsuit within the timelines of the Florida statute of limitations.
Compensation for Personal Injury
You can initiate a personal injury claim or lawsuit to obtain compensation for your injury-related losses.
Some of the damages you can receive in a personal injury claim include:
Medical Expenses
Accidents often result in significant medical bills, including hospital stays, surgeries, doctor’s visits, medications, and rehabilitation costs. These expenses can quickly add up, causing a substantial financial burden.
Our personal injury attorneys can help seek compensation for past and future medical expenses related to your injuries.
Lost Income
Injuries sustained in an accident can lead to time away from work, resulting in lost income. You can claim compensation for your lost income if you have missed work due to hospitalization, recovery, or doctor’s appointments.
Additionally, if your injuries prevent you from returning to work or limit your earning capacity in the future, you may also be entitled to seek damages for lost earning potential.
You can support your lost income claim using pay stubs, tax returns, bank statements, a letter from your employer, or a profit and loss statement.
Out-of-Pocket Expenses
You also have the right to pursue compensation for other out-of-pocket costs related to your injury. These expenses can include transportation costs for medical appointments, home care services, medical equipment, and modifications to your living space to accommodate your injuries.
Our personal injury lawyers can use bank statements, receipts, credit card statements, and medical records to prove a claim for out-of-pocket expenses.
Pain and Suffering
Physical pain and emotional suffering resulting from an accident can have a lasting impact on your quality of life. Compensation for pain and suffering aims to address the non-economic damages you have experienced due to your injuries.
While it is challenging to apportion a monetary value to pain and suffering monetarily, our personal injury lawyers can help determine a fair amount to seek in your personal injury claim.
Emotional Anguish
In addition to physical injuries, accidents can also cause emotional distress and mental anguish. These can include symptoms such as anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional challenges resulting from the trauma of the accident.
For example, you may pursue compensation for emotional anguish if discovering you’ll be permanently disabled leads to depression.
Loss of Companionship
If your injuries have affected your relationships with family members or significant others, you may be entitled to compensation for the loss of companionship. Loss of companionship damages compensate you for the inability to engage in meaningful relationships and activities with your loved ones.
Loss of Enjoyment of Life
Injuries sustained in an accident can significantly impact your ability to enjoy life to the fullest. Loss of enjoyment of life damages aims to compensate you for the limitations and restrictions placed on your ability to engage in activities and hobbies you once enjoyed.
For example, you may be entitled to loss of enjoyment damages if an injury prevents you from playing a sport or participating in other physical activities.
Punitive Damages
In cases where the defendant’s actions were reckless, intentional, or malicious, punitive damages may be awarded in addition to compensatory damages. Punitive damages are meant to punish the defendant for their misconduct and deter others from engaging in similar behavior in the future.
Our personal injury attorneys can help determine whether punitive damages may apply to your personal injury case.
Where Do Accidents Occur in Fort Lauderdale
Vehicle accidents are a major cause of injuries in Fort Lauderdale. Although these crashes can occur in any part, specific zones are more vulnerable.
Here are the common areas where vehicle accidents occur in Fort Lauderdale:
- Interstate 95: Known for heavy traffic congestion, Interstate 95 sees a high number of accidents due to the volume of vehicles passing through.
- US Route 1: Another road notorious for accidents is US Route 1, particularly in areas with multiple lanes and intersections.
- State Road A1A: With its scenic views along the coast, State Road A1A attracts many drivers, pedestrians, and cyclists. However, the mix of different road users can lead to accidents.
- Sunrise Boulevard: Stretching across Fort Lauderdale, Sunrise Boulevard sees a high volume of accidents, especially during rush hours when commuters are in a hurry to reach their destinations.
If you suffered an injury on any of the above roads, our personal injury attorneys can investigate the crash and pursue compensation for your losses.
Florida Personal Injury Attorney
While many injured victims obtain compensation from the at-fault party’s insurer, some cope without support. Our personal injury attorneys can gather evidence and create a compelling case, which will make sure you receive compensation for your losses.
At Englander Peebles, we can support you if you suffer an injury in any of the following accidents:
- Truck Accidents: Truck accidents often result in severe injuries or fatalities. Our personal injury lawyers can assess the full extent of your losses and develop a strategy to hold the responsible parties accountable.
- Car Accidents: Our personal injury lawyers investigate the accident, gather evidence, negotiate with insurance companies, and, if necessary, represent you in court.
- Rideshare Accidents: Whether you were a passenger, driver, or pedestrian involved in a rideshare accident, our personal injury lawyers are here to protect your rights and seek the compensation you deserve.
- Drunk Driving Accidents: Our experienced personal injury lawyers can guide you through the legal process, helping you understand your rights and options for seeking compensation.
- Motorcycle Accidents: Our personal injury attorneys can help determine liability, assess damages, and initiate a compensation claim against the at-fault party.
- Bicycle Accidents: Whether you’ve suffered minor or more severe injuries, working with personal injury attorneys can make a significant difference. They can handle the legal aspects while you focus on your recovery.
- Pedestrian Accidents: With the support of our personal injury lawyers, you can focus on your recovery while they work tirelessly for a fair settlement value.
- Slip and Fall Accidents: Our personal injury lawyers will assess the circumstances of your slip and fall incident, gather evidence, and advocate for your rights.
Our personal injury attorneys can also represent you if you sustain different types of injuries, including:
Whiplash injuries- Back injuries
- Spinal cord injuries
- Burn injuries
- Broken bones
- Traumatic brain injuries
- Concussions
- Chest injuries
Fighting the Insurance Company
Many insurers are fond of playing down your claim or making low settlement offers that don’t match your losses. You’re likely to leave money on the table if you approach settlement negotiations without a legal professional.
Our personal injury attorneys at Englander Peebles can level the playing when facing insurers in the following ways:
Establishing the Value of Damages
You are likely to accept a low settlement offer if you don’t understand the value of the damages. Our personal injury lawyers understand the various damages applicable to your case, including economic, non-economic, and punitive damages.
Further, they can use various methods, including the per diem or multiplier method, to estimate the value of your intangible losses.
Our personal injury lawyers can use the following sources of evidence to establish the value of damages:
- Medical records
- Bank statements
- Specialist report
- Eye-witness statements
- Images of the injury
- Doctor’s report
Negotiating With the Insurer of the At-Fault Party
Our personal injury attorneys will evaluate all settlement offers in comparison with your injury-related losses. They will advise you whether to accept, reject, or push for a higher settlement value based on their findings.
They can use evidence and excellent negotiation skills to negotiate with the insurer for a higher settlement value.
Represent You In Court
Your claim will proceed to court if you can’t find an agreement with your insurer. You may also litigate the claim if the insurer has shifted the blame on you or declined your personal injury claim.
A personal injury lawsuit is an opportunity for a neutral assessment of your case. Our experienced personal attorneys will zealously advocate for you, presenting compelling arguments, cross-examining witnesses, and submitting court documents.
They will also look for opportunities to negotiate with the insurer instead of taking your case to full trial. Our personal injury lawyers will also represent you if the at-fault party appeals the court’s decision.
Let a Florida Personal Injury Lawyer Protect Your Right to Compensation
Warren Peebles, Fort Lauderdale Personal Injury Attorney
You’re likely to endure worsened physical and mental health after being injured in an accident. You may also face financial strain due to an expensive treatment plan, inability to work, and the cost of hiring an assistant.
Although you’re entitled to compensation, you may jeopardize your chances by filing a claim beyond the legal timelines. Our personal injury lawyers at Englander Peebles can help investigate the accident and file a claim within legal timelines. Call us at (954) 500-4878 to schedule a free case evaluation.