On Behalf of Rosenthal, Levy, Simon & Sosa | January 32, 2025 | Car Accident Injuries
Every state has rules and regulations that apply to car accident claims, and one of these is the statute of limitations, which determines the amount of time victims have to file claims before the opportunity is lost. In Florida, the statute of limitations for filing a car accident claim is a brief two years from the date of the accident, and if you’ve suffered an injury due to another driver’s negligence in a car accident, you shouldn’t wait to consult with an experienced Port St. Lucie car accident attorney.
The Statute of Limitations
Every state sets a statute of limitations for filing lawsuits against at-fault drivers. This time limit is designed to ensure that car accident cases proceed in a timely manner, which helps preserve evidence and memories and promotes a fair system that attempts to balance the rights and responsibilities of both sides.
While two years is a decent chunk of time, it’s important to recognize that building a strong claim takes considerable effort, and the fact that you’ve suffered an injury can slow down the process considerably. The bottom line when it comes to filing a successful car accident claim is that the sooner you consult with a resourceful car accident lawyer, the better protected your rights – and your rightful compensation – will be.
The Elements of Your Claim
There are specific elements that must be established to bring a car accident claim against another driver.
Breached Duty of Care
To begin, the other driver must have owed you a duty of care, which was established right off the bat when they got behind the wheel. Every driver bears an immense responsibility for the safety of others on the road. The next element is that the motorist breached this duty of care by engaging in some form of negligence, such as impairment, exhaustion, distraction, aggression, or excess speed.
Direct Cause
Next, you’ll need to prove that the other driver’s negligence was the direct cause of the accident that left you harmed. For example, when a distracted driver fails to stop at a red light and hurts someone in the process, their distraction is the direct cause of the accident.
Legal Damages
Finally, you must have suffered legal damages as a result. These are the losses that the law addresses, and they include:
- Property damage to your car and its contents
- Medical costs
- Lost income
- Your physical and emotional pain and suffering
All told, it can take a considerable amount of time to clearly establish the elements of your claim, which makes it important to consult with a knowledgeable car accident attorney early in the process.
Discuss Your Claim with an Experienced Port St. Lucie Car Accident Lawyer Today
The determined Port St. Lucie car accident attorneys at Rosenthal, Levy, Simon & Sosa appreciate how challenging your situation is, and we have the experience, legal insight, and drive to help. When it comes to car accidents, the clock is ticking, so please don’t wait to reach out and contact us online or call 561-478-2500 for more information about what we can do for you today.
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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