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Jacksonville Personal Injury Attorney > Blog > Personal Injury > Jacksonville Auto Accident Lawsuits And Settlements: When Can I Sue?

Jacksonville Auto Accident Lawsuits And Settlements: When Can I Sue?


The State of Florida has recently enacted a new statute of limitations for personal injury lawsuits. Car accident lawsuits were also affected by the new rule. Whereas before, you had 4 years to file a personal injury lawsuit against a negligent party, you now only have two years from the date of the accident. In this article, we’ll discuss some of Florida’s new rules and how they will impact your personal injury case.

Florida changes the rules for negligence 

In addition to reducing the statute of limitations on a personal injury lawsuit, Florida has also changed the rules related to how negligence impacts your case. Florida used to operate on a theory of pure comparative negligence. That means that an individual who was mostly at fault for an accident could still file a lawsuit to recoup damages. Even if they were 90% at fault for an accident, they would still be able to file a suit and recover 10% of their damages. Today, the rule is now different. Any individual who is considered more than 50% responsible for an accident is barred from recovering damages. This is known as contributory negligence. If the jury finds that a plaintiff is more than 50% liable for their injuries, the plaintiff cannot recover damages.

The importance of timely filing 

It is important to find a personal injury attorney in the early stages of recovering from your car accident. Car accident lawsuits are complex and have a lot of moving parts. In many cases, there will be witnesses who testify on your behalf. You will want the auto accident to be in the forefront of their memory when they are called to give testimony on your injuries. So, filing earlier is always better than filing toward the end of the statute of limitations. It is important to act sooner rather than later in order to preserve your right to file a car accident lawsuit against a negligent driver.

Your right to file suit after a car accident 

You have a legal right to file a lawsuit after a car accident. However, you must be seriously injured under Florida’s rules to warrant filing suit. Otherwise, your own insurance policy will cover you. In cases where an insurance settlement isn’t enough to compensate you for all your damages, you may be able to file a lawsuit against the at-fault driver. Your personal injury attorney will help you by proving that the other driver was negligent and caused the accident that caused your injury.

If you suffered serious injuries in a car accident, it is always best to discuss the matter with a personal injury attorney before you accept a check from your insurance company. The stakes are generally high. You are likely missing time from work. And there may be medical expenses you have to pay.

Talk to a Jacksonville Auto Accident Attorney Today 

Gillette Law represents the interests of plaintiffs in car accident lawsuits. Call our Jacksonville personal injury lawyers today to schedule a free consultation and we can begin discussing your injuries and path to recovery immediately.

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