What is the Statute Of Limitations?
Filing a claim and filing a lawsuit are not the same. A claim usually refers to the process of notifying the insurance company, while filing a lawsuit refers to the legal process that gets the case into the court system with the intention of having a judge or jury ultimately decide on the outcome of an unresolved claim for damages. The deadline to file a lawsuit is commonly referred to as the statute of limitations. In Florida, the statute of limitations for most negligence actions, such as car accidents, is four years from the date of the incident. If you file your lawsuit after four years, then it will likely be dismissed by the judge and you will have lost your chance to seek compensation for your injuries. In addition to the statute of limitations, there are many other reasons why delaying your claim can be detrimental to your lawsuit and potentially prevent you from recovering compensation for all of your damages. If you’ve been injured in a car accident, it’s imperative that you take immediate action as soon as possible and call Todd Miner Law®️. All of the auto accident attorneys at Todd Miner Law®️ are former insurance company defense attorneys. We’ve been on “the other side” and understand the complex nature and law of personal injury and will work hard to ensure we secure the compensation you deserve.
What Kinds of Injuries Can I Sustain In a Car Accident?
If you suffer any serious injuries or suspected serious injuries in a car crash, then you should go to the emergency room. If necessary, call 9-1-1 and have an ambulance come out to the scene of the crash to transport you to the hospital. If you are involved in an accident with someone else who sustains severe injuries and is unable to call 9-1-1 him or herself, call an ambulance on their behalf. Anyone who sustains (or is suspected to have sustained) severe and/or catastrophic injuries should go to the emergency room after a car accident. Severe injuries include:
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones (fractures)
- Internal organ damage
- Soft tissue (muscles, ligaments, etc.) damage
Should I Go to the ER After a Car Accident?
If you sustain moderate or mild injuries, you may not need emergency room treatment. However, it is always best to err on the side of caution – go to the ER or visit Urgent Care if you believe you need prompt medical attention. Even if you do not initially think you need emergency care, it is critical that you see a doctor or qualified health care provider after a car crash. This is true even if you believe your injuries are mild or if you do not believe you were injured at all. In many cases, car accident injuries can take hours or even days to appear. Adrenaline often masks injuries. In the initial aftermath of the collision, you could be in shock and not notice your injuries or how severe they really are. Not only is it important that you seek medical attention for your own health and well-being, but doing so could ultimately benefit your car accident claim. Creating a record that you sought medical treatment immediately or soon after the collision could be extremely powerful evidence of your injuries, as well as the subsequent damages they led to, such as medical bills, lost wages, pain and suffering.
What Damages Can I Recover from an Auto Accident?
There are three main types of compensation you can obtain after an accident: economic, non-economic and punitive. Economic damages compensate for financial losses while non-economic damages compensate for the more abstract losses associated with suffering an injury. Punitive damages are not often awarded since they are usually reserved for cases where the defendant knew their actions caused harm but did them anyway. Economic and Non-Economic Damages Usually Cover:
- Loss of income or wages
- Diminished earning capacity
- Past and future medical bills
- Mental and emotional anguish
- Physical pain and suffering
If you were injured by a careless, reckless or otherwise negligent driver, then you deserve compensation for your losses. Similarly, if your loved one was killed in a car accident caused by another driver, our attorneys can help you file a wrongful death claim—which can help your family pay for funeral costs and any medical bills. Whatever the case, we are here to help you deal with this challenging situation by taking effective legal action. At Todd Miner Law®️, we know the aftermath of an auto accident can be challenging—not just emotionally and physically, but financially. This is why our firm works on a contingency fee basis. To put it simply: we don’t ask for any legal fees unless we secure a financial award on your behalf. That way, we can focus on your case while you focus on your recovery. If our firm doesn’t win your case, you don’t pay.
What is Pure Comparative Negligence?
Pure comparative negligence is a rule which allows an injured person to pursue compensation for their injuries no matter their degree of fault for the accident that led to their injuries, however, any compensation won will be reduced by their percentage of fault. Can you file a claim even if you are partially at fault for the accident that led to your injuries? In Florida you can. Just like nearly one-third of states in the United States, Florida is a “pure comparative negligence” state.
What is Whiplash & Other Serious Injuries?
The intensity of the impact during a car accident will often correlate to the severity of the injuries suffered by drivers and passengers. In the most violent crashes, people might suffer traumatic brain injuries (TBI), spinal cord damage and broken bones that require emergency medical attention. However, there is one serious injury that can happen in most types of collisions, even low-speed accidents: whiplash. A whiplash injury is an acceleration-deceleration injury that involves the neck rocking, or “whipping” back and forth rapidly. Whiplash can pull, tear, and twist tendons, nerves, and ligaments in the neck and upper back. Rear-end accidents are commonly associated with whiplash injuries because the impact to the rear of the car jolts the occupants backward before shoving them forward – putting enormous stress on their necks. Proper use of headrests can help prevent whiplash but doesn’t guarantee prevention. The symptoms of a whiplash injury can include:
- Severe neck, back and shoulder pain
- Limited neck mobility
- Migraines or chronic headaches
- Imbalance issues
- Full-body fatigue
- Vision and hearing problems
- Difficulty concentrating
- New memory loss
What Are The Symptom of Whiplash?
For many car accident victims, whiplash injuries start with subtle symptoms – like soreness around the neck. This can be problematic because it can lull people into misbelieving that they are relatively unharmed after a crash. As a result, many car accident victims decline a trip to the hospital because they do not think they are “injured”, only to learn otherwise days later when the symptoms worsen. Even more troubling, many car accident victims who do go the hospital after a car accident, are simply sent home with nothing more than pain medication and anti-inflammatory medication. Therefore, it is wise to seek follow-up care with a specialist after the initial hospital visit. Most medical providers who specialize in car accident injuries will prescribe an MRI to determine if any injuries to certain soft tissues – such as the discs located between the vertebrae in the spine. In addition to the obvious as discussed above, obtaining medical attention the same day will also help establish that your injury or condition was caused by the car accident. Insurance companies often try to claim that an injury is pre-existing or was caused by an event that occurred after the car accident. Proper medical documentation is critical in proving your claim.
What Are The Different Types of Car Accidents?
There are a few different types of car accidents, including the following:
- Rear-end crashes
- T-bone accidents
- Head-on collisions
You can depend on our team to manage a claim for the above types of accidents and more. At Todd Miner Law®️ we’ve been practicing personal injury law (collectively) for decades with an intentional focus on car accident cases. We’ve been there to represent people who have been hurt in a variety of accident types. No matter the details of your crash, you can be confident that we know how to investigate it, find evidence and build a claim that preserves your best interests and right to compensation.