Steven A. Bagen | April 12, 2024 | Car Accidents

Judge gavel with car model.

When you’ve been involved in a car accident caused by a negligent driver, you know how quickly your day can change. When you set out to go to work, meet friends for dinner, or drop the kids off at school, you never expected to end up with a wrecked vehicle and a few injuries that you may have thought were no big deal. 

Refusing or delaying medical care after a car crash is one of the biggest mistakes people make, but it’s a common one. “How long after a car accident can you claim injury?” is a question that personal injury lawyers sometimes hear. 

With injuries sometimes appearing days or weeks later, and insurance companies eager to close the books, knowing your rights and deadlines is critical to pursuing full compensation for your injuries.

Whether you’re struggling with a traumatic brain injury, a slipped disc, internal bleeding, or a persistent case of whiplash, an experienced car accident lawyer may be able to help.

 

Key Takeaways

  • Every state has strict deadlines for filing a car accident injury claim, and most have exceptions that could affect your case. 
  • Some injuries may not be immediately apparent after the crash, so seeking medical attention immediately may support your claim.
  • Florida’s no-fault insurance system covers initial medical bills through PIP coverage, but severe injuries may require filing a claim against the at-fault driver’s insurance.
  • Missing deadlines for reporting accidents or filing claims can jeopardize your ability to recover damages.
  • If an insurer denies your claim, you can appeal the decision or take legal action with the help of an attorney.
  • An experienced personal injury attorney can streamline the claims process, negotiate for higher settlements, and protect your legal rights.

Table of contents

Time Limits for Filing a Personal Injury Claim

One of the most important factors in filing a personal injury claim after a car accident is the statute of limitations. The statute of limitations is the legal deadline you must meet to initiate a personal injury lawsuit.

Every state has a statute of limitations for personal injury claims. Most of these give you about two to four years to file a personal injury claim after a car accident.

Under Florida law, the statute of limitations for most car accident injury claims is two years, starting from the date of the accident. This is shorter than the four-year statute of limitations that applied before Florida updated its personal injury laws in 2024. If you miss this window to file your claim, you may forfeit your right to pursue legal action entirely.

There are exceptions that can modify this timeline, including cases involving minors, government entities, or injuries discovered after the statutory period began (“the discovery rule,” which we’ll discuss later). 

Additional Deadlines for Insurance Claims

While the statute of limitations gives you up to two years to file a lawsuit, insurance companies often require accidents and injuries to be reported much sooner. Your auto insurance policy may stipulate that you notify your insurer within 24–72 hours of the accident. Some insurers set a general reporting deadline of 30 days to file an insurance claim.

Failing to meet these deadlines can limit your ability to recover compensation. Always check your policy’s specific requirements and report the accident promptly, even if you’re unsure about the severity of your injuries.

Why Some Injuries Are Not Immediately Apparent

Life moves fast, so you may have ignored the headache, the discomfort in your back, or the soreness in your neck you felt at the accident scene. Maybe you refused medical attention, only to experience worsening symptoms later. 

Car accidents often cause injuries that don’t become noticeable until days or weeks later. This is because adrenaline rushes, the body’s shock response, and delayed inflammation might initially mask symptoms of injury.

Here are common injuries that may take time to manifest after an accident:

  • Whiplash and other neck injuries
    Whiplash is notorious for delayed symptoms, which may include stiffness, headaches, or lower back pain a few days after the collision.
  • Concussions and traumatic brain injuries (TBIs)
    Symptoms such as dizziness, memory problems, or irritability may not appear until later.
  • Internal injuries
    Internal bleeding or organ damage might not show symptoms until they’ve become life-threatening.
  • Soft tissue injuries
    Sprains, strains, and tears often manifest as swelling or bruising several days after the accident.
  • Fractures: 

What you thought was just a sore wrist or ankle can become painfully obvious that something more serious is wrong hours or days later.

These delayed injuries might take longer to connect to your accident, which is why immediate medical attention and thorough documentation as soon as possible are so important.

How the Discovery Rule Can Extend Filing Windows

What happens if symptoms of an injury only become evident after the statute of limitations has expired? Florida law uses the discovery rule, which may allow you to file a claim after the standard time limit has passed if the injury was not initially apparent.

While this exception can give you additional time, proving that an accident directly caused your injuries becomes more challenging as time goes on. Evidence degrades, witness memories fade, and insurance companies are more likely to dispute delayed claims.

To strengthen your case, it’s essential to follow the next steps promptly after noticing symptoms, regardless of when they appear.

Steps to Take After a Car Accident

Whether your injuries are immediately apparent or show up later, your actions in the days following the accident can significantly affect the outcome of your injury claim. Here’s a step-by-step guide to protect your rights and maximize your claim value.

Seek Medical Treatment if You Haven’t Already

If you refused treatment at the accident scene because you felt fine, only to discover later that something may be seriously wrong, seek a medical evaluation immediately. Some injuries, especially internal injuries or TBIs, won’t show visible symptoms right away. A prompt medical evaluation not only ensures your safety but also provides documented proof of your injuries.

Consult a Personal Injury Lawyer

Navigating insurance negotiations or filing a lawsuit without legal guidance can be daunting, especially when it comes to delayed injuries or contested liability. An experienced personal injury lawyer can protect your rights and help you pursue the maximum compensation.

Notify Your Insurance Company

Contact your car insurance company as soon as possible to report the accident. Provide key details, such as the accident date, location, and the contact information of any other drivers involved. Remember, you don’t need to give a full statement immediately, especially concerning injuries, until speaking with a personal injury lawyer.

Preserve Evidence

Take detailed notes, photos, and videos of the accident scene, property damage, and visible injuries. Collect contact information from witnesses and obtain a copy of the police accident report. Evidence serves as a foundation for your personal injury claim.

Document Medical Treatment

Keep records of all medical bills, doctor visits, physical therapy appointments, and ongoing treatments. These records establish the seriousness of your injuries and justify your claim for compensation.

How Comparative Negligence Affects Your Claim in Florida

Florida follows a pure comparative negligence system when determining fault in a car accident. This means that even if you were partially at fault, you could still recover compensation, minus your percentage of fault.

For example, if you were 20% responsible for the crash, your compensation would be reduced by 20%. It’s essential to present strong evidence to minimize your liability and maximize your potential payout.

Compensation You May Be Entitled To

When filing a personal injury claim, you can seek a range of damages, depending on the severity of your injuries and the impact on your life. These may include:

  • Medical expenses
    Covers past and future medical costs related to your injury, such as hospital stays, surgeries, and physical therapy.
  • Lost wages
    Compensates for income you’ve lost while recovering, as well as diminished earning capacity.
  • Property damage
    Covers repairs or replacement of your car and any personal property damaged in the crash.
  • Pain and suffering
    Addresses physical pain and emotional distress caused by the accident and its aftermath.
  • Loss of enjoyment
    Compensates for a diminished quality of life, such as being unable to participate in hobbies or activities you once enjoyed.

Your auto insurance policy and whether you must take legal action will affect the total amount of compensation available.

Filing a Car Accident Insurance Claim

Filing your car accident insurance claim is a critical step in pursuing compensation for your injuries and damages. Although the process may seem straightforward, several pitfalls can complicate your recovery if not handled properly.

When filing a car accident claim, here are some steps you can take that can help your case:

  1. Contact Your Insurance Provider Promptly
    Immediately notify your insurance company to report the accident and inform them of your intent to file a claim. While you aren’t required to provide a full account of your injuries just yet, it’s essential to make them aware of the situation in compliance with your policy’s reporting requirements.
  2. Provide Supporting Documentation
    Include the police accident report, medical records, photos of the scene and injuries, and any correspondence related to the crash. This builds a strong foundation for your claim.
  3. Be Cautious During Conversations
    Insurance adjusters may try to minimize your claim or obtain recorded statements that weaken your case. Provide only factual details and avoid discussing fault until you consult with a personal injury lawyer.
  4. Understand Policy Limits
    Familiarize yourself with your auto insurance policy, particularly the maximum coverage amounts and deductibles. This clarity will help you align your expectations with what your policy can provide.

The No-Fault Insurance Rule in Florida

Florida operates under a no-fault car insurance system, which means your own insurance pays for medical bills and other economic losses after a crash, regardless of who is at fault. Florida residents are required to carry Personal Injury Protection (PIP) coverage, which reimburses up to $10,000 for medical expenses and lost income.

However, PIP coverage may fall short of covering severe injuries, in which case you’ll need to step outside the no-fault system and file a claim against the at-fault driver or pursue a personal injury lawsuit.

What If the Other Driver Is Uninsured?

If the at-fault driver lacks insurance, you may need to tap into your uninsured or underinsured motorist (UM/UIM) coverage for compensation over what your PIP provides. If you don’t have UM/UIM coverage, you may need to pursue legal action directly against the at-fault driver, which can be challenging.

Disputing Insurance Denials

Insurance companies aren’t always quick to approve claims, especially when significant compensation is at stake. If your claim is denied or undervalued, don’t lose hope–you have options to dispute the decision.

Common reasons for claim denials include:

  • Allegations that the injuries weren’t caused by the accident
  • Missed reporting deadlines or incomplete documentation
  • Policy exclusions, such as coverage denial due to uninsured drivers
  • Disputes over who was at fault

How to Fight a Denied Claim

To challenge a denial, follow these steps:

  1. Review the Denial Letter
    The insurance company must provide a written explanation for its decision. Carefully examine this letter and compare it to your policy’s terms.
  2. Gather Additional Evidence
    Strengthen your case with supplementary medical records, expert testimonies, and witness statements that directly link your injuries to the accident.
  3. File an Appeal
    Submit an appeal to your insurer, addressing their reasons for denial with evidence.
  4. Hire a Lawyer
    If your denial persists, consult a personal injury attorney. They’ll assess the situation, handle correspondence with the insurer, and help you evaluate further legal action if necessary.

The Role of a Personal Injury Lawyer

Partnering with a knowledgeable personal injury attorney can be a game-changer in your recovery, especially when faced with delayed injuries, insurance disputes, or complex legal filings. Hiring an attorney ensures that you understand your rights and makes the claims process less stressful.

  1. Maximizing Compensation
    Insurance companies are notorious for offering lowball settlements. A personal injury lawyer understands the claims process and knows how to negotiate aggressively to maximize your payout.
  2. Minimizing Shared Fault
    If you’re partly to blame, your compensation will be reduced according to Florida’s comparative negligence rules. A lawyer helps present evidence that minimizes your share of fault, preserving as much of your claim as possible.
  3. Proving Delayed Injuries
    Linking delayed injuries to the original crash can be tricky, but attorneys can work with medical experts and accident reconstruction specialists to build a compelling case.
  4. Handling the Legal Workload
    Your lawyer will file paperwork, communicate with insurance agents, and keep track of important deadlines, allowing you to focus on your recovery.
  5. Peace of Mind
    Knowing an advocate is working tirelessly on your behalf brings relief during an otherwise stressful period.

Final Steps to Protect Your Rights

Every car accident injury case is different, but one constant remains true: taking action swiftly and strategically sets you up for success. Whether you’re dealing with delayed symptoms, complex claims disputes, or loss of income, don’t wait too long to pursue the compensation you deserve.

Contacting a car accident attorney early in the process strengthens your claim, speeds up your recovery, and simplifies an otherwise confusing situation.

Trusted Florida Injury Advocates – Free Case Review

If you’ve been injured in a car accident in Florida, time is of the essence. The laws surrounding personal injury claims are complex, and missing critical deadlines could cost you the compensation you deserve. 

At Steven A. Bagen & Associates, P.A., fighting for Florida’s injured® has been our focus for over 40 years. We’ve secured hundreds of millions of dollars for our clients in Gainesville, Ocala, and Daytona with a 99% success rate. 

Dealing with injuries, insurance claims, and legal deadlines doesn’t have to be an uphill battle. We’re ready to ease your burden by handling your case with care, focus, and determination, giving you the best chance to recover full and fair compensation.

Contact us today at (800) 800-2575 for a free consultation. We’re here when you need us, 24/7, to help you start your recovery. You can also use our online contact form. Don’t wait. Call Steven A. Bagen & Associates, P.A.–your trusted advocates in Florida personal injury law and start facing the future with confidence.