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How Long Do I Have to File a Personal Injury Lawsuit?

If you have been injured or lost property in an accident caused by someone else, you may have grounds to file a personal injury lawsuit—but only within a certain period of time. Contact an accident lawyer in Fort Myers, FL as soon as you can.

Understanding the Statute of Limitations

A statute of limitations is the law that sets the maximum time you have to file a lawsuit after an incident. The reason for this law is fairness: it encourages both parties to make claims while evidence is still available and people's memories are still clear. Waiting to make a claim long after an event makes it difficult to find uncompromised evidence of the incident or get accurate reports from eyewitnesses. The statute of limitations is in place to preserve court time and avoid unnecessary confusion over an event that happened too long ago.

The Statute of Limitations in Different Types of Personal Injury Cases

There are different statutes of limitations for different types of personal injury cases. In Florida, the statute of limitations for most personal injury cases is two years. This applies to car accidents, cases of product liability, and the majority of other personal injury cases.

For cases of medical malpractice, you generally have two years from the date you discovered the injury (or should have discovered it) to file. If an injury leads to a wrongful death, the family has two years from the date of the death to file.

Exceptions to the Statute of Limitations

Cases Involving Government Entities

If the injury involves a government employee, vehicle, or other property, the statute of limitations in Florida is three years. In addition, if you intend to file a lawsuit against a government agency, you must file a formal notice of claim with the appropriate government agency with that three-year period. Basically, you have to let them know that you intend to file a lawsuit before you file it.

Date of Discovery

In some cases, such as instances of medical malpractice or toxic exposure, the victim may not be aware of the injury until some time after the damage has happened. In cases such as this, the clock starts ticking for the statute of limitations from the date when the injury is discovered, rather than when it occurred.

Capacity or Age of the Victim

If the victim is mentally incapacitated by the injury, then the statute of limitations will not begin until they regain their full mental capacity. If the injured person was under the age of 18 at the time of the injury, the statute of limitations is tolled, or paused, until that person's 18th birthday. The two-year statute of limitation's then begins at that point, which means that they have until they are 20 to file a lawsuit.

If you are or may be involved in a personal injury lawsuit, call or visit the Goldstein, Buckley, Cechman, Rice & Purtz (GBC) Law Office in Fort Meyers, FL. We also serve Lehigh Acres, Cape Coral, Port Charlotte, and Naples.

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How Are Medical Bills Handled While an Injury Case Is Pending?

If you're bringing a personal injury claim here in Fort Myers, FL, it's normal to feel stressed about the medical bills piling up as the case is negotiated. Your personal injury lawyer can not only help you with the case itself but also help you work through a combination of insurance coverage and deferred payment agreements to deal with these bills until you get reimbursement from a settlement or judgment. For Car Accidents Florida is a "no-fault" state for car accidents, and this means every driver must carry at least $10,000 in Personal Injury Protection (PIP) insurance. PIP covers 80% of your reasonable and necessary medical expenses, up to the policy limit, and 60% of your lost wages if you're unable to work while you recover. To use your PIP coverage, you must seek medical treatment within 14 days of the accident. PIP will pay your medical providers directly while your case is pending, regardless of who was at fault, and the insurance company is required by law to pay within 30 days of the date you submit your claim. However, they do have 60 days to investigate the claim. This coverage is often the first source of payment for bills in auto accident cases, though it's often insufficient, as $10,000 doesn't go very far. more Health Insurance or Other Coverage If your PIP benefits run out or are not enough, which is common where there have been serious injuries, or if your claim isn't being brought after a car accident, you can use your private health insurance, Medicare, or Medicaid to cover the gaps while you wait for a settlement or judgment. These plans usually pay providers right away or as services are provided. Bear in mind, however, that these insurers have the right to be reimbursed later from any money you receive in your settlement or court award. Your lawyer will keep track, and once your settlement or award is paid, will reimburse your insurer and make sure the insurance company is only reimbursed for what they actually paid. Getting Letters of Protection If you do not have enough insurance coverage or otherwise can't pay the bills immediately, many doctors and medical providers in Florida will treat you if they have a properly prepared Letter of Protection (LOP). An LOP is a written agreement that should be prepared by a qualified attorney. In it, the healthcare provider agrees to wait for payment until your case settles or goes to trial, and you promise to pay them once the settlement or verdict is in. This can be a wonderful option, but be aware that if your case does not result in a large recovery, or any recovery at all, you will likely still owe your provider the full bill. Talk to your lawyer to be certain of the terms of the LOP Your lawyer can help you explore other options. Call for a free consultation with Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. in Fort Myers, FL ​to get help with your claim.

What Should You Bring to Your First Injury Consultation?

The first step in getting the compensation that you deserve after an injury comes as you choose your Fort Myers, FL personal injury attorney. Your first meeting with your attorney is an important one. Here's what to bring to that first consultation. All the Essential Documents You'll need documents identifying you and providing your phone number, email, and mailing addresses. If you are bringing a claim on behalf of a minor or an incapacitated person, you'll need to bring the legal documents showing that you are the guardian or legal representative of that person. more Next, make sure you have all the documents related to your accident itself. A report, whether you made that with the police or with a business, should be included as well as all your medical records and bills. Then, gather up and bring all your insurance documents and copies of any correspondence that you've had with the insurance company so far. Finally, if you have had to miss work because of the accident, you'll need to bring proof of your income and any correspondence you've had with your employer. ‍The Evidence The next thing to bring is whatever evidence you have beyond the initial report. Ideally, this will include photos and videos of the accident scene, any property that was damaged, and any injuries you sustained. Be ready to provide your lawyer with contact information for any witnesses. If you have any correspondence related to the accident, be sure to bring that. You'll also want to bring receipts for any expenses you've had that can help to show what happened. For example, if you never take Ubers, but you suddenly started taking them on rides to and from your home and your doctor's office after the accident, this can be used to help prove you were injured in the crash or that your car was damaged. Your List of Questions You should also come to your first consultation prepared with a list of questions you want to ask. Be sure to ask the attorney how much experience they have with cases like yours, what the legal fees will be like, whether they think you have a strong case and how long it's likely to take, and what the next steps will be if they decide to take your case and you decide to proceed with them. ‍ You might also ask who will be communicating with you, as this may not be the attorney directly. That's not something to worry about: attorneys have highly specialized skills, so hiring staff to do basic communication frees up an attorney to spend their time on things only they can do. But you should still know who will be calling or emailing you and when you should expect to speak to the attorney directly. To set up your first free consultation, contact Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. in Fort Myers, Lehigh Acres, Port Charlotte, Naples, or Cape Coral today.

Do I Need a Lawyer for a Minor Injury?

After suffering an injury, it can be difficult to decide whether you should hire a lawyer, especially if the injury appears to be of little significance. You might wonder whether the cost of legal representation is justified or whether you can manage the process yourself. Even seemingly minor injuries can lead to complications that impact your claim under Florida law, however, and with the help of a personal injury attorney in Fort Myers, FL, you can determine whether you are eligible for compensation. How Minor Injuries Can Escalate One reason to consider legal representation is that minor injuries do not always stay minor. Some injuries, such as soft tissue damage or mild head trauma, may worsen over time or reveal complications that were not immediately apparent at the time of the accident. If you accept an early settlement offer without fully understanding your medical prognosis, you could leave yourself responsible for costs that arise later. more We advise you to wait until your doctor has given a clear assessment of your condition. An experienced lawyer can help you evaluate medical records and consult with healthcare professionals to ensure you fully understand the long-term implications of your injury. Dealing With Insurance Companies Insurance companies often seek to resolve minor injury claims quickly and for as little money as possible. Without legal guidance, you may feel pressured to accept a low settlement that does not reflect the true value of your case. Our team handles communication with insurers on your behalf. We help ensure that your statements are accurate, complete, and consistent with your medical records. We also advocate for a settlement that includes not only immediate medical expenses but also compensation for lost wages, pain and suffering, and any future care you may require. Preserving Your Right to Compensation Florida's personal injury laws provide specific rights to injured parties, but navigating those rights requires an understanding of legal deadlines and procedures as well as what your rights and responsibilities are under the law. You may not realize that certain time limits apply to filing claims or that missing a procedural step could harm your ability to recover damages. In Florida, the statute of limitations is two years from the day of your accident. We can guide you through each legal requirement and ensure that you comply with all deadlines. Our goal is to protect your right to pursue compensation, even if the injury initially appears minor. You may think that a minor injury does not warrant legal assistance, but small cases can become complicated if symptoms progress or if you suffer a complication. We can help you evaluate whether legal support is in your best interest. Schedule a consultation with us today at GBC Law Office, in Fort Meyers, Cape Coral, Port Charlotte, Lehigh Acres, and Naples, FL and we will give you clear advice based on the specific circumstances of your case and Florida law.